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Full text of "North Carolina Register v. 1 no. 4 (7/15/1986)"

The 



RECEIVED 



SEP 11 1986 
tAW LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



STATEMENTS OF ORGANIZATION 

PROPOSED RULES 

nNAL RULES 

LIST OF RULES AFFECTED 




ISSUE DATE: JULY 15, 1986 
Volume 1 • Issue 4 • Pages 133-222 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and amend- 
ments filed under Chapter 150B must be published in the Register. 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

State law requires that a copy of each issue be provided free 
of charge to each county in the state and to various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars ($95.00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, P. O. 
Drawer 11666, Raleigh, N. C. 27604, Attn: Subscriptions. 



ADOPTION, AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the Statutory 
Authority for the action: the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise: the text of the 
proposed rule or amendment; and the proposed effective date. 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy. In such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and at the office of the 
promulgating agency. 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register. 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Proposed action on mles may be withdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency. 



TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules. A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporary 
rule is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages 
of material of which approximately 35% is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-63(b). 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 2 1 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

( 1 ) In looseleaf pages at a minimum cost of two dollars and 
50 cents ($2.50) for 10 pages or less, plus fifteen cents 
($0.15) per each additional page. 

(2) On microfiche. The microfiche edition is revised semi- 
annually (March and October) and can be purchased for 
forty dollars ($40.00) per edition. Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche. The NCAC on microfiche is updated 
monthly by publication of a "List of Rules Affected' 
which .^ets out rules filed the previous month, the action 
taken, and the effective date of the change. This list is 
published in the Nonh Carolina Register. 

Requests for looseleaf pages of rules or the NCAC on 
microfiche should be directed to the Office of Administrative 
Hearings. 



NOTE 

The foregoing is a generalized statement of the procedures to 
be followed. For specific statutory language, it is suggested that 
Articles 2 and 5 of Chapter 150B of the General Statutes by 
examined carefully. 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1. 1986 refers to 
Volume 1. Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



North Carolina Register. Published monthly by the 
Office of Administrative Hearings, P. O. Drawer 11666, 
Raleigh, North Carolina 27604, pursuant to Chapter 150B 
of the General Statutes. Subscriptions ninety-five dollars 
($95.00) per year. 

North Carolina Administrative Code. Published in 
March and October by the Office of Administrative 
Hearings, P. O. Drawer 11666, Raleigh, North Carolina 
27604, pursuant to Chapter 150B of the General Statutes. 
Subscriptions forty dollars ($40. (X)) per edition. 



NORTH CAROLINA REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 
P. 0. Drawer 11666 
Raleigh, NC 27604 
(919) 733 - 2678 



Staff: 

Robert A. Melott, 

Director 
James R. Scarcella, 

Deputy Director 
Molly Mason, 

Director of Rules Publication 
Genie Rogers, 

Executive Legal Specialist 
Ruby Creech, 

Publications Coordinator 
Myrtice Becoat> 

Clerk 
Mary Fowler, 

Wordprocessor 
Teresa Johnson, 

Wordprocessor 
Tammy Poole, 

Records Clerk 



STATEMENT OF ORGANIZATION 

CPA Examiners 133 

Natural Resources and 
Community Development ... 133 



II. PROPOSED RULES 
Commerce 
Milk Commission 135 

Human Resources 
Div. of Health Services . . 169 
Div. of Medical Assistance . 181 

Labor 
Boiler and Pressure 
Vessel Division 189 

Natural Resources and 
Community Development 
Environmental Management 

Commission 190 

Marine Fisheries 

Commission 191 

Wildlife Resources 
Commission 205 

Licensing Boards 

CPA Examiners 206 

Board of Occupational 

Therapy 206 

Board of Pharmacy .... 208 

Department of Community 
Colleges 
Community Colleges . . . .210 

III. FINAL RULES 

Department of Corrections . . 213 
Department of 
Transportation 213 

IV. LIST OF RULES AFFECTED 

Volume 10, No. 4 217 

(July 1, 1986) 

V. CUMULATIVE INDEX 221 



NORTH CAROLINA REGISTER 
Publication Deadlines and Schedules 
(April 1986 - March 1987) 



Issue 


Last Day 


Last Day 


Earl iest 


Earliest 


Earliest 


Date 


for 


for 


Date for 


Date for 


Effective 




Filing 


Electronic 


Public 


Adoption 


Date 






Filing 


Hearing 


by Agency 




04/15/86 


03/25/86 


04/01/86 


05/15/86 


05/14/86 


08/01/86 


05/15/86 


04/24/86 


05/01/86 


06/14/85 


07/14/86 


09/01/86 


06/16/86 


05/27/86 


06/03/86 


07/15/86 


08/15/86 


10/01/86 


07/15/86 


06/25/86 


07/02/86 


08/14/86 


09/13/86 


n/01/86 


08/15/86 


07/28/86 


08/04/86 


09/14/86 


10/14/86 


12/01/86 


09/15/86 


08/26/35 


09/02/86 


10/15/85 


1 1/14/86 


01/01/87 


10/15/86 


09/25/86 


10/02/86 


11/14/86 


12/14/86 


02/01/87 


n/T4/86 


10/23/86 


10/30/86 


12/14/85 


01/13/87 


03/01/87 


12/15/86 


1 1/25/86 


12/02/86 


01/14/87 


02/13/87 


04/01/87 


01/15/87 


12/29/86 


01/05/87 


02/14/87 


03/16/87 


05/01/87 


02/16/87 


01/26/87 


02/02/87 


03/13/87 


04/17/87 


06/01/87 


03/16/87 


02/23/87 


03/02/87 


04/15/87 


05/15/37 


07/01/87 



STATEMENT OF ORGANIZATION 

NORTH CAROLINA 

STATE BOARD OF 

CERTIFIED PUBLIC 

ACCOUNTANT EXAMINERS 

The North Carolina State Board 
of Certified Public Accountant 
Examiners is an independent 
agency. It is one of the 
thirty-eight occupational 
licensing boards and is 
authorized by Chapter 93 of the 
General Statutes. 

The board has these 
primary responsibilities: 

(1) to grant certificates 

of qualification as certified 
public accountants to those 
persons who have met legal 
requirements including age, 
citizenship^ education, 
experience and good moral 
character; 

(2) to register certified 
public accounting firms; 

(3) to annually renew 
certificates and firm 
registrations ; 

(4) to administer semi- 
annually the Uniform 
Certified Public Accountant 
Examination; 

(5) to administer the 
continuing professional 
education compliance program; 

(6) to adopt rules of 
professional ethics and 
conduct to be observed by 
certified public accountants 
in this state; and 

(7) to administer any and all 
other provisions of G.S. 93. 

The board is composed of five 
persons who are holders of valid 
and unrevoked certified public 
accountant certificates issued 
under the provisions of G.S. 93 
and two persons who are not 
certified public accountants wlio 
shall represent the public at 
large. The senior staff officer 
is the Executive Director. 

The office has three 
divisions reporting to a Deputy 
Director: Licensing; 

E.xaminations ; and Administrative 
Services. The Licensing 
Division processes initial and 
renewal applications for CPA 
certificates and firm 
registrations. The E.xaminations 
Division administers the 
semi-annual Uniform Certified 
Public Accountant Examination. 
The Administrative Services 
Division is concerned solely 
with the internal operation and 
management of the office. The 
Executive Director and support 
staff supervise rule-making and 
administrative hearing matters. 



and such other activities as the 
board may direct . 

The public may obtain 
information about and make 
submissions or requests to the 
North Carolina State Board of 
Certified Public Accountant 
E.xaminers in person at 1101 
Oberlin Road, Suite 104, 
Raleigh, North Carolina; by mail 
at Post Office Box 12827, 
Raleigh, NC, 27605; and by 
telephone at (919) 821-2443. 

NORTH CAROLINA DEPARTMENT 

OF NATURAL RESOURCES 
AND COMMUNITY DEVELOPMENT 

The North Carolina 
Department of Natural Resources 
and Community Development is a 
principal State department in 
the executive branch of North 
Carolina government authorized 
by Article III, Section II of 
the North Carolina Constitution. 

The N.C. Department 
of Natural Resources and 
Community Development has three 
primary duties: 

( 1 ) To provide for the 
management and protection of 
the States natural resources 
and environment; 

(2) To promote and 

assist in the orderly 
development of North Carolina 
counties and communities; and 

(3) To provide job 
training and promote 
employment for economically 
disadvantaged persons. 

The head of the 
Department is the Secretary who 
is appointed by the Governor and 
serves at the pleasure of the 
Governor . 

The Department is 
organized into twelve divisions 
as follows : 

(1) environmental management; 

(2) marine fisheries; 

(3) parks & recreation; 

(4) forest resources; 

(5) land resources 

(6) community assistance; 
C7) economic opportunity; 

(8) employment & training; 

(9) soil & water; 

(10) N.C. Zoological Park; 

(11) water resources; and 

(12) coastal management. 

The Wildlife Resources 
Commission and its staff are 
responsible to the Department 
for coordinating and reporting 
purposes . 

The public may obtain 



NORTH CAROLINA REGISTER 



133 



information about and make person at 512 N. Salisbury 

submissions or requests to the Street, Raleigh, North Carolina 

Department of Natural Resources 27611, and by telephone at (919) 

and Community Development in 733-4984. 



134 NORTH CAROLINA REGISTER 



PROPOSED RULES 

NORTH CAROLINA MILK COMMISSION 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the N. C. Milk Commission 
intends to amend regulations 
cited as 4 NCAC 7 .0302, .0303. 
.0501, .0503, .0504; repeal 
.0505; amend .0506 and .0507, 
adopt new rules .0508, .0509, 
.0510, .0511 and .0512 and 
renumber .0508 as .0513; .0509 
as .0514; .0510 as .0515; .0511 
as .0516; .0512 as .0517; .0513 
as .0518 and .0514 as .0519. 
Amend .0513, .0514, .0515, .0516 
and .0517. The purpose of the 
proposed regulations is to 
establish a statewide pooling 
arrangement for North Carolina 
baseholding producers. 

The proposed effective date of 
this action is November 1, 1986. 



Statutory 
106-256 et. 



Authority: 
seq . 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
August 18, 1986 and continuing 
9:00 a.m. August 19, 1986 should 
it be necessary to do so at Jane 
S. McKimmon Center, N. C. State 
University, Raleigh, N.C., 
(corner of Western Blvd. and 
Gorman Street). 

Comment Procedures: Data, 
opinions and arguments 
concerning these amendments, 
adoptions and repeal must be 
submitted by September 13, 1986, 
to the N. C. Milk Commission, 
430 N. Salisbury Street, 
Raleigh, N. C. 27611, Attn: 
Grady Cooper, Jr., Executive 
Secretary . 



TITLE 4 



COMMERCE 



CHAPTER 7 - MILK COMMISSION 

SECTION .0300 - PETITIONS: 
HEARINGS: EMERGENCY RULES: 
DECLARATORY RULINGS: 
CONTESTED CASES 

.0302 RULE-MAKING HEARINGS 
(3) Notice of a rule-making 
hearing shall be made by the 
commission at least 10 days 
prior to the date such 
hearing is to be held. Tlie 
notice shall set forth the 
matters to be hoard and the 
time and place of the 
hearing. Notice shall be 
given those persons likely 
to be affected by any 
commission action arising 
from the hearing, and to 



those persons who have 
requested in v;riting, notice 
of commission hearings in 
the particular subject area. 
Notice of hearing on matters 
of general or widespread 
interest shall be made by 
publication of the hearing 
notice in one err moi: e daily 
ncv;spapv ; rs erf g e n e ral 

circula t ion the North 

Carolina Register. 

.0303 

CMCRGENCY 

TEMPORARY 

RULES 
Th e Milk Commission shall 
hav e t h e power try issue 
e mergency r ules • ■ ■ jhun r e quir e d by 
reason o^ i. i im incu t p e ril -to t lie 
public health, safe t y ami 
welfar e . frJi t hou t no t ic e err 
few e r t han S^- days no t ice af t er 
s t a t ing in wri t ing the reasons 
t h e refor , t h e commission may 
p roce e d wi t hou t prior no t ic e or 
haav iny , xrr upon any abbr e viated 
no t ice and hearing that it- finds 
practicable, to adop t tm 
emergen c y rul e which may bx: 
e ff e ctive for a pci iud trf rto 
longer t lian 1 20 days . 

The Milk Commission shall 
have the power to issue 



temporary 



rules 



when 



it 



determines 



writincr that 



adherence to the notice and 
hearing reguiroments of G.S. 
150B would be contrarv to the 
public interest; and that the 
immediate adoption, amendment, 
or repeal of a rule is 
necessitated by and related to: 
a threat to public health, 
safety or welfare, the effective 
date of a recent act of the 
General Assembly or the United 

States Congress. a federal 

recuilation, or a court order. 
The agency may adopt, amend, or 
repeal the rule without prior 
notice of hearing or upon any 
abljreviatod notice or hearing 
the agency findfj practicable. 

Temporary rules shall be 

effective for a jjoriod of no 
longer than 120 days. 

.0501 DEFINITIONS 

Fxrr t h e purpose of the 

m a r k et in g r eg ulations , t he 
f o llotf ing term s or w o rds shall 
moan ■ 

-(-H- "Ac t " means Ar t icl e 

50B-r Chap t e r H-0^ of -Htc 
Gene r al G I a I u b e a erf N o r t h 
Car o l ijia. lolat iri g tis t+rs 
.Vort-h Carolina Milk 
Co;iiiv,is^ion . 

( 2 ) ^ Marke t ing avea" me ans 

t h e ai ca d esii ^ na tc d by t+re 
c o ir i]ni::;sioii, including all t he 



NORTH CAROLINA REGISTER 



135 



Itfi i. ILory wi t liin t+re counti e s 
designa t ed -foT t+re ar e a . 
-(-3-)- "Classification" means 

•fc+rw >-la55if y iiiy of milk arrd 
fluid milk products in t o 
class e s acLOi diny 



designated 



ut ilizat ion -for 
dtfliveiy p er iod 

-Hr^ "Delilf e iy period" 

m e ans "Hre c al e ndar montli ox 
approv e d account lu g pe r iod . 

-(-54 ^ Dr e ed milk" means 

milk produced try a herd trf 
regis t ered cat t le aiid/ur 

gr ad e ca t tl e of a s pe cified 
nat i u nally i e cognized b r e e d . 
v. ' l - ii c h -irs labeled . adveit Isud 
arrd sold by a dis t ribu t or ss 
breed milk for a prei ii lun i 
price ox I'lo t less t lian one 
c e n t (00.01 ) pex quar t . 

-(-6-> "Base" ftrr a p roduc er 
means tire average del iver i 
of a produc e r for 

designat e d yji iod tiut 
es t ablisl ' ied on an e qui t abl 
bas is wi t li aii 

productti. s . for 

clas ses trf milk . 

-(-W- Ttre following t ei , ! is 

a-s d e fin e d xn Ar t icl e &©B- 
Chap t er TOG 260.G of tht: 
Gene r al G tat u tes o^ 
Ca ro l in.a sl ' iall 



«-s 

a 



J t It e r 
alloca t ing 



"affilia t e," 
1 . e' - Ol ' ds : 



"dis t r ibu tor . " 
au t hoi i t ics . " 
"ma r k et , " "milk, 
"producei: , " 
'subdis t ributor, " 



Nor t h 

apply- 

^ books an d 
commission . 



ileal til 

"licensee, " 

•■ "person," 

" sanitai y , " 



"subsidiai y . " 
-(-64- ^ilk." Fox t+re purpose 
of class ifica t i o n, vj h erer' e r 
t+re w o rd " m illc" rrs us e d , i-t 
s hall ire cuns ti ued try inelude 



ai-i whol e milk, 

chocola t e milk, 
but t ermilk , 
buttermilk , skim 

special ox pi em 1 urn 
flavored milk ox 

concentrated milk. 



cr eai ii , 

plain 

crea m ed 

milk) 



die t ary 
sl - iake 



inilk . 
milk 
half, 

milk cieam 
r egar dl e ss 
content and 



milk, 

dr ink o , 

s t erile 

modifi e d m i 1 Ic , 

half and 

eggiiug and o tlicr 



o^ 



mixt uj. es . 
grade ox fa+ 

cwiiuciiL diiia- 

( a ) Low la t 1 r e s h Wl'i i t e 

Milk. " Lowfa t fresh whi t e 
m ilk -rs f r esh milk fxtrn 
v. ' hich a suf f iciei ' i t por t ion 
of milkf at ha-s been re moved 



•irt-s milkf a t 
no t l e ss thjii 
per cen t and mrt more 
2 . p er cei Tt . 



t-o r e du ce 
conten t -bo 



"than _.w i^w,i.^^w 
-HH- "L o wfa t V.'h i te 

R e c o nst ituted ox Recombin e d 
Milk." L o wfa t wl ' ii te 

recons t i t ut e d ox I ' ec o i i ibii ' ied 
milk s hall mean milk whicli 
-drs a resul t of t+t« mixing of 



milk solids arrd wa te r witli 
arry of-r ox combina t ion o-fr 
fresh wh o l e milk , f r asli sirim 
milk, milkf at , wl - iicli resul t s 
■irt a pr oduct co n t aining rrot- 
less 1 1 - 1 an . 50 percen t arrd 
not more than 2 . per cent 
m ilkfa t . 
-(-c^- "Lov. ' f a t Flavor ed Fr e sli 

Milk." Lowfat flav ore d 

fr e sh milk irs fresh milk 
fro m whicl ' i a sulf icienfc 
pur t. lull of milkfat ha-^ been 
r ' c'i N Oved tT3 r ' educ e i t s 

i ri ilkf at con t ent iro no t less 
t han . 50 percen t and no t 
more t I'lan 2 . pei'c ent and t-o 
' .'. ' I ' licli has been added a 



flavor ox 
■(ni-)- "Lowfa t 

Reconst ituted 



ifx« 



sweetener ■ 
Flavored 

or R e comijin e d 
Lowfa t flavor e d 



r ecoiist ituted ox 
n ilk s hall i ne an milk wl - iich 
-i-s a resul t of t+re mixing o-f 
milk sul ids and wa t er -to 
v;l - iich lias been added a 
flavor ox swee t en er w-rth any 
of , ox combina t ion o f; fr e sli 
v;l - :ole milk, f r ' esh skim milk, 
milkfa t , which i esults -in a 
flavored ox swee t ened 
product containing rtotr less 
t l ' ian . 50 per cen t arrd mrt 
moxo t han 2 . p e rcen t 
milkfa t . 

-(-e-> "Ul tra Hi a h Tempera t ur e 
Mill ; ." ' Ul tr a hx^ 
temper a t ur 'j milk -rs milk 
w hich ITS asept ically 
processed crrd her ma t ically 
sealed -im a con t ain er so as 
t-o render -irhe produc t free 
of microor g^inisms c a p abl e of 
rcpi -o ducing -in tire produc t 
under nor mal non 
r ' ef r igera te d condi t ions of 
s to rag e and dis t ribution . 
Refer eiic e t-o t his produc t 
wxii in> «ff milk. 

-(-f4- " Ul tr a Pas t eurized Milk." 
Ul tr a pasteurized milk -rr 
m ilk which has b ee n 
tlier . T ially process e d at ox 
abov e S4-& i:l- ' gree5 F-r ( 1 30 
degrees C . ) fox a+ leas t t wo 
s e c o nds so a-3 -to produc e a 
pr o duc t v. ' l ' ;icl ' i lias an 
e. - :tend e d shelf 1 if e under 



1 ef I ' igei ated 
For the purpose 



jndi t ions . 



of the 



market inq 


requlat ions . 


the 


f ollowina 


terms or words 


shall 


mean : 
(1 ) ".i^ct 


" means ."Article 




28B. 


Chapter 106 of 


the 


Genera 


1 Statutes of 


North 


Carolina. relatinq to 


the 


North 


Carol ina 


Milk 


Cormis 
(2) "Nor 


sion . 

th Carolina Market 


inq 


Area." 


The "North Carolina 


market 


inq area". hereinafter 


called 


the market inq 


area . 



136 



NORTH CAROLINA REGISTER 



means all the territory 
within the boundaries of the 



state 



of 



North 



Carol ina 



including 



facilities 



.ali. 



waterfront 



connected 



therewith and all territory 



occupied 



(municipal , 



by 



cTovernment 



State , 



or 



Federal ) 



reservations . 



installations, institutions. 



other 



similar 



establishments ■ 
(3) "Classification" means 

the classifying of milk and 



fluid milk products into 

classes according to 

utilization for a calendar 
month . 

(4) "Delivery period" means 
the calendar month. 

(5) "Base" for a producer 
means the average deliveries 



of 



producer 



for 



designated period that is 
established on an equitable 

basis with all other 

producers, for allocating 
classes of milk. 
(6) The following terms 

as defined in Article 28B, 
Chapter 106-266.6 of the 
General Statutes of North 



Carolina 



shall 



"affiliate", 



"books 



apply; 



and 



records" , 



'commission' 



"distributor" , 



"health 



authorities" , 



"1 icensee" , 



"market", "milk". "person". 



"producer" , 



"sanitary" , 



" subdistributor" , 
"subsidiary" . 
(7) "Milk." For the purpose 
of classification, wherever 
the word "milk" is used, it 
shall be construed to include 
all whole milk, lowfat milk, 
cream, chocolate or flavored 
milk, chocolate or flavored 



lowfat 



buttermilk, 



milk. 



pla in 



creamed 



buttermilk. 



skim 



milk. 



special or premium milk, 
flavored milk or drinks, 
concentrated milk, sterile 
milk, any reconbined milk, 
filled milk (milk portion), 
dietary modified milk, milk 
shake mix, half and half, 
eggnog and other milk-cream 
mixtures, regardless of grade 
or fat content . 
(8) "Filled Milk." Filled 

milk means any combination of 
nonmilk fat (or oil) with 
skim milk (whether fresh, 
cultured, reconstituted, or 
modified by the addition of 
nonfat milk solids), with or 
vjithout milkfat . so that the 

product ( including 

stabilizers, emulsifiers, or 
flavoring) resembles nilk or 
any other fluid product, and 



contains less than 6 percent 
nonmilk fat (or oil). 

(9) "Ultra High Temperature 

Milk." Ultra high 

temperature milk is milk 

which is aseptically 

processed and hermetically 
sealed in a container so as 
to render the product free of 
microorganisms capable of 
reproducing in the product 
under normal non-refrigerated 
conditions of storage and 

distribution . Reference to 

this product will be UHT 
milk . 

(10) "Ultra Pasteurized 

Milk . " Ultra pasteurized 

milk is milk which has been 
thermally processed at or 
above 280 degrees F. (138 
degrees C.) for at least 2 
seconds so as to produce a 
product which has an extended 
shelf life under refrigerated 
conditions . 

(11) "Route disposition" 
means a delivery to a retail 
or wholesale outlet (except 
to a plant ) either direct or 

through any distribution 

f acil ity ( including 

disposition from a plant 
store, vendor or vending 
machine) of a fluid milk 
product classified as Class I 
milk ■ 

(12) "Plant" leans the 

land, buildings, facilities, 
and equipment constituting a 
single operating unit or 
establishment at which milk 
or milk products (including 
filled milk) are received, 

processed , or packaged . 

Separate facilities without 

stationary storage tanks 

which are used only as a 
reload point for transferring 
bulk milk from one tank trvick 

to another or separate 

facilities used only as a 

distribution point for 

storing paclcnged fluid milk 
products in transit for route 
disposition <=.hall not be a 
plant under this definition. 

(13) "Regulated Plant" 

means a licensed handler 
which operates a fluid milk 

plant located in North 

Carolina and which is also a 
pool plant . 

(14) "Pool Plant" except 

as provided in paragraph (b) 
of this subsection. "pool 
plant" moans : 
(a) A plant located within 

a marketing area that is 
approved by a duly 



constituted 



regulatory 



agency for the processing or 
packaging of Grade A milk 
and from v;hich during the 



NORTH CAROLINA REGISTER 



137 



month the total quantity of 
fluid milk products, except 
the non-milk ingredients of 
filled milk, disposed of in 
Class I is not less than 70 
percent in each of the 
months of September through 
November and January and 50 
percent in each of the other 

months .. of the total 

quantity of base holding 
producers milk, except the 



non-milk 



ingredients 



of 



filled milk, physically or 
constructively received, as 
provided in subsection (18) 
of this rule, at such plant. 
or diverted therefrom 



pursuant 



to 



subsect ion 



(20)(d) 



of 



this 



provided 



plant 



Rule; 



may 



disqualify milk as permitted 
under subsection (21 ) of 
this rule in order to remain 
a pool plant . 
(b) The term "pool plant" 

shall not apply to the 

following plants: 

(i) A producer-handler 

plant : 
(ii) A governmental 
agency plant; or, 
(iii) A plant located 

outside the State of North 
Carol ina . 
(15) "Nonpool plant" means 

any milk or filled milk 
receiving, manufacturing. or 
processing plant other than a 

pool plant . The following 

categories of nonpool plants 



are 



further 



defined 



follows : 
(a) "Other Federal Order 

plant" means a plant located 
outside the State of North 
Carolina that is fully 
subject to the pricing and 
pooling provisions of a 
Federal Milk Marketing Order 
issued pursuant to the 



Agricultural 



Marketing 



Agreement Act of 1937. 
amended (7 U.S.C. 601 et . 
seg . ) 



(b) "Producer-handler 

plant" means a plant 



operated 



_by_ 



producer-handler as defined 
in subsection (17) of this 
rule . 

(c) "Unregulated plant" 
means a nonpool plant that 
is not a producer-handler 
plant, a governmental agency 
plant or any other Federal 
Order plant and from which 
fluid milk products are 
shipped to a pool plant. 

(d) "Governmental agency 

plant" means a plant 

operated by a governmental 
agency from v;hich fluid milk 
products are distributed in 



the marketing area. Such 

plant shall be exempt from 
all pooling provisions of 
these rules and regulations. 
(e) "Regulated non pool 

plant" means a licensed 
handler v>hich operates a 
fluid milk plant located in 
North Carolina and v/hich is 

sub ject to the 

classification and pricing 
requirements of the Rules 



but 



IS not 



pool plant 



since it does not meet the 
minimum Class I percentage 
requirements . 
(16) "Handler" means; 

(a) Any person in his 
capacity as the operator of 
one or more pool plant... 

(b) A cooperative association 
with respect to milk of 

producers diverted to 

nonpool plants for the 
account of such association 
pursuant to subsection (20) 
of this Rule, excluding the 
milk of producers diverted 
by the association as a 
handler pursuant to 



paragraph ( a ) 



of 



this 



subsection ; 
(c) Any cooperative 

association with respect to 
milk, excluding the milk of 
producers diverted to pool 
plants by the association as 
a handler pursuant to 



paragraph ( a ) 



of 



this 



subsection, that is received 
for its account from the 
farm of a producer for 
delivery to a pool plant of 
another handler, in a tank 
truck owned and operated by. 
or under the control of. 



such 



cooperative 



association, unless both the 
cooperative association and 
tlie operator of the pool 
plant notify the Milk 
Commission prior to the time 
that such milk is delivered 
to the pool plant that the 
plant operator will be the 
handler of such milk and 
will purchase such milk on 

the basis of weights 

from the 



determined 



measurement at the farm and 
butterfat tests determined 
from farm bulk tank samples . 



Milk 



for 



which 



the 



cooperative association is 
the handler pursuant to this 
paragraph shall be deemed to 
have been received by the 
cooperative association at 
t he location of the pool 
plant to which such milk is 
del ivered; 

(d) Any person who operates 
an unregulated plant; and 

(o) .A producer-handler. 



138 



NORTH CAROLINA REGISTER 



(17) "Producer-handler" 
means any person: 

(a) Who operates a dairy 

farm and a processing plant 
from which there is route 
disposition in the marketing 
area; 

(b) Who receives no fluid 
milk products from sources 
other than his own farm 
production, pool plants and 
other Federal order plants; 

(c) Whose receipts of fluid 
milk products from pool 
plants and other Federal 
order plants do not exceed a 
daily average of T,500 
pounds during the month; 

(d) V.'ho disposes of no other 
source milk as Class I milk 
except by increasing the 
nonfat milk solids content 
of the fluid milk products 
received from his own farm 
production or pool plants; 
and . 

(e) VJho provides proof 
satisfactory to the 



Milk 



Commission that the care and 
management of the dairy farm 

and other resources 

necessary for his Own farm 
production of milk and the 
management and operation of 
the processing plant are the 
personal enterprise and risk 
of such person- 
CIS) "Constructively Received" 
is defined as occurring when 
North Carolina baseholder 
milk which by contractual 
obligation would ordinarily 
be received at one plant but 
which by mutual agreement of 
the parties in order to 



result 



savings 



of 



hauling or other charges is 
not physically received at 
that plant but is, diverted 
directly to and actually 
received by another plant 



which 



agreement . 



party to said 



Under 



this 



def init ion, 



the milk thus 



shipped would be deemed to be 
constructively received by 
the first plant although 
physically received by the 
second plant . 
(19) "Baseholding Producer", 
(a) Except as provided in 

paragraph (b) of this 



subsection , 



"baseholding 



producer" means a producer 



who holds 



North Carolina 



Milk Commission base that 



has been established 



or 



acquired in accordance with 
Rule .0514 and v;ho produces 
milk approved by a duly 



const ituted 



agency 



for 



regulatory 



fluid 



consumption, whose milk is: 
(i) Received at a pool 



plant directly from such 
person; 
(ii) Received by a handler 
described in subsection 

(16) of this Rule; or. 
(iii) Diverted from a pool 

plant in accordance with 
subsection (20) of this 
Rule . 
(b) "Baseholding Producer" 
shall not include: 
(i) A producer-handler 

as described in subsection 

(17) of this Rule; 

(ii) A governmental agency 
operating a plant exempt 
pursuant to subsection 
( 15)(d) of this Rule; or, 

(iii) A producer whose milk 



in 



qualifies for pooling 

another pool . 
(20) "Qualifying Baseholding 
Producer Milk" means the skim 
milk and butterfat contained 
in milk of North Carolina 



baseholding 



producers 



eligible to participate in 
the North Carolina pool that 



(a) Received at a pool 
plant directly from 



such 



producer by the operator of 
the plant. excluding such 
milk that is diverted from 
another pool plant; 
(b) Received by a handler 

described in subsection (16) 



of this Rul?; 

(c) Diverted from a pool 
plant for the account of the 
handler operating such plant 
to another oool plant; 

(d) Diverted from a pool 
plant to a nonpool plant 



( other 



than 



producer-handler plant ) for 
the account of the handler 
described in subsection (16) 
of this Rule subject to the 
following conditions: 
(i) A baseholding 

producer's milk shall be 
eligible for diversion to 
a nonpool olant during any 



month 



which 



such 



producer 



milk 



IS 



physically 



or 



constructively received at 
a pool plant as follov;s: 
(A) In any month of 

August through February, 
six da"s' production; 



and . 
(B) In any month of 

March through July, two 

days' production. 
(ii) During each of the 

months of August through 
November and January and 

February ■ the total 

quantity of milk diverted 
by a cooperative 



association 



shall 



not 



e.xceed one-fourth of the 



NORTH CAROLINA REGISTER 



139 



baseholding producer milk 

that such cooperat ive 

caused that month to be 
delivered to or diverted 
from pool plants; 
(iii) A handler described in 
subsection (16) of this 
Rule . that is not a 

cooperat ive assoc iat ion 

may divert for its account 
any milk that is not under 

the control of a 

cooperative association. 
The total quantity of milk 
so diverted shall not 
exceed one-fourth of the 
milk that is plivsically 
received at or diverted 

from pool plant s as 

producer milk of such 
handler in each month of 
August through November 
and January and February. 
(21) "Non-Qualifying 

baseholding producer milk" 



means 



the 



skim milk and 



butterfat contained in the 



milk 



of 



North 



Carol ina 



base-holding producers that 



not 



el igible 



to 



participate in the North 



Carol ina 



pool 



for 



the 



following reasons: 
(a) .Any milk diverted in 

excess of the limits 



prescribed 



paragraph 



(20)(d)(ii) or (iii) of this 
Rule shall not be pool 
baseholding producer milk. 
The diverting handler shall 
designate the dairy farmer 
deliveries that shall not be 
pool baseholding producer 
milk. If the handler fails 
to make such designation, no 



milk 



diverted 



by 



such 



handler pursuant to this 
paragraph shall be pool 
producer baseholding milk: 

(b) To the extent that 

it would result in nonpool 
status for the pool plant 
from v>hich diverted. milk 
diverted for the account of 
a cooperative association 
shall not be baseholding 
producer milk: 

(c) The cooperative 
association shall designate 
the dairy farmer deliveries 
that are not baseholding 
producer mil]< pursuant to 
paragraph ( 2 ) of this 



subsect ion . 



If 



the 



diverting handler fails to 
make such designation.. no 



milk 



diverted 



such 



handler shall be baseholding 
producer milk . 
(d) Any milk prf^duced by 

a baseholding producer that 
gualifies for pooling in 
another pool shall not he 



included 



m 



the North 



Carol ina pool 
(22) "Other source milk" 
means all skim milk 



and 



butterfat contained in or 
represented by: 
(a) Receipts of fluid 

milk products and bulk 



products specified in Rule 
. 0504 from any source other 



than producers. 



handlers 



described in subsection (16) 



of 



this 



Rule, 



or pool 



plants ; 

(b) Receipts in packaged 

form from other plants of 
products specified in Rule 
.0504; 

(c) Products (other than 
fluid milk products , 



products specified in Rule 
.0504. and products produced 
at the plant during the same 
month) from any source which 
are reprocessed. converted 
into, or combined with 
another product in the plant 
during the month: and, 
(d) Receipts of any milk 

products (other than a fluid 
milk product or a product 
specified in Rule .0504) for 
which the handler fails to 
establish disposition. 
(23) "Cooperative association" 



any 



cooperative 



assoc iat ion of producers 

which the '.ilk Commission 
determines, after application 
by the assoc i ition: 
(a) To be qualified 

under the provisions of the 
Act of Congress of February 
18, 1922. as amended, known 



the 



Act" 



and . 



"Capper-Vol stead 



(b) To have and to be 

exorcising full authority in 
the sale of milk of its 
members . 



,0503 



DISTRIBUTOR 
(HANDLER) 



LICENSES 

(a) No distributor 

( handler ) ■ subdistributor or any 
other person shall sell or offer 
for sale or otherwise distribute 
milk in any county located in 
any marketing area until a 
license has been obtained from 
the Milk Commission. 

(b) The principal 
distributor or processing plant 
( liandler ) shall be charged with 
the responsibility of obtaining 
a license for his plant and his 
subdistributor before beginning 
distribution of milk in any 
county of a controlled area. 

(c) A new applicant 

for a distributor ( handler ) or 
subdistributor license shall 
make application and receive a 



140 



NORTH CAROLINA REGISTER 



license before handling* 
distributing, or offering for 
sale milk and/or milk products 
in fluid form for fluid 
consumption or use in any county 
of any marketing area. 

(d) The commission may 
decline to grant a license to a 
new applicant or a now existing 
distributor (handler ) or may 
suspend or revoke a license 
already granted, upon due notice 
to the licensee or applicant and 
after a hearing in accordance 
with the authority granted the 
commission by Article 28B, 
Chapter 106, of the General 
Statutes . 

(e) The Milk Commission 

shall give at least 10 days 
notice to the licensee or 
applicant and state the reason 
for the hearing before refusing 
to grant a license or suspending 
or revoking a license already 
granted . 

(f) The following procedure 
will be used by the commission 
when considering a request from 
a new applicant or for 
additional territory from an 
existing distributor: 

( 1 ) At least 10 days 

prior to consideration of an 
application for license by 
the commission, all 
distributors licensed to 
distribute milk in the 
county or marketing area 
shall be notified of the 
application and given an 
opportunity to file a 
statement regarding the 
application . 

(2) The applicant or his 
representative shall be 
given an opportunity to file 
statements or appear before 
the commission in support of 
his application. 

(3) On the basis of 

of information presented to 
the commission by licensed 
distributors ( handlers ) , by 
the applicant or by the 
commission staff, the 
commission may approve the 
license or may postpone 
action on the application 
pending a hearing. At this 
hearing, interested parties 
shall be given an 
opportunity to show cause 
why the license should not 
be granted. 

(4) Licenses approved by 

the commission shall be 
issured to become effective 
on a date set by the 
commission; however, the 
effective date shall be at 
least 10 days following the 
date of final approval. 

(g) Licenses issued by the 



commission shall be classified 
as follows: 

(1) General Distributor 
(Handler ) . A person or firm 
engaged in receiving, 
pasteurizing, processing, 
and packaging raw milk into 
fluid form for distribution 
to the retail and wholesale 
trade and who may purchase 
part of its products 
packaged under their own 
label from another general 
distributor shall be 
licensed as a general 
distributor (handler ) and 
must hold a license for each 
county or specified 
territory in which 
distribution is to be made 
or any areas or territory in 
which a subdistributor will 
distribute their products. 

(2) Restricted General 
Distributor (Handler) . A 
person or firm engaged in 
receiving, pasteurizing, 
processing, and packaging 
raw milk into fluid form for 
distribution only to company 
owned or affiliated stores, 
and who may purchase part of 
its products packaged under 
their own label from a 
general distributor 
(handler ) , shall be licensed 
as a restricted general 
distributor ( handler ) and 
must hold a license for each 
county or specified 
territory in which 
distribution is to be made. 

(3) Non-processing General 
Distributor ( Handler ) . A 
person or firm whose 
principal business is the 
distribution, to the retail 
and wholesale trade, milk 
which is processed by a 
general distributor 
( handler ) under the label of 
the non-processing general 
distributor ( handler ) . 

(4) Subdistributor. 

A person or firm whose 
principal business is 
selling on retail and 
wholesale routes milk which 
is received, pasteurized, 
processed, and packaged by a 
licensed general distributor 
( handler ) ; or a person or 
firm who holds a general 
distributor's (handler' s ) 
license and also distributes 
fluid milk products which 
are processed by another 
general distributor 

( handler ) , as a second 
brand, shall be licensed as 
a subdistributor for the 
county or territory in which 
distribution of the products 



NORTH CAROLINA REGISTER 



141 



of the general distributor 
( handler ) will be made. 

(5) Limited Subdistributor. 

A person or firm who has an 
agreement or arrangement to 
purchase from a specified 
general distributor 

( handler ) either at such 
general distributor's 
( handler ' s ) platform, or on 
the basis of a drop shipment 
to a central location or 
warehouse. fluid milk 
products for distribution to 
its company owned or 
affiliated outlests shall be 
licensed as a limited 
subdistributor for each 
county or territory in which 
distribution is to be made; 
provided, however, the 
general distributor is not 
required to hold a general 
distributor's license for 
such county or territory. 
The commission may consider 
the issuance of more than 
one limited subdistributor 
license for the same general 
distributor in a given 
territory . 

(6) Processor-Distributor 
(Handler) of UHT Milk. A 
person of firm engaged in 
the processing of ultra high 
temperature milk as defined 
in Rule .0501(9) for sale to 
other milk distributors 
(handlers ) , wholesalers, 
brokers, or retail outlets 
for distribution to 
consumers. A milk 
distributor ( handler ) . 
v;holesaler, broker, or 
retail outlet shall not be 
required to obtain a license 
to distribute this product 
when this product is 
purchased from a processor 
licensed under the 
provisions of this 
Subsection. A milk 
distributor ( handler ) , 
wholesaler, broker, or 
retail outlet purchasing the 
product for redistribution 
may be required to file a 
report with the commission 
and the 
processor-distributor 

( handler ) from whom the 
purchases are made when it 
is necessary in order to 
identify the volume sold in 
North Carolina. 

(7) Processor-Distributor 
(Handler) of Ultra 
Pasteurized milk. A person 
or firm engaged in the 
processing of ultra 
pasteurized milk, as defined 
in Rule .0501(10), for sale 
to other milk distributors 
( handlers ) , 



wholesalers, brokers, or 
retail outlets for 
distribution to consumers. 
A milk distributor 
( handler ) . wholesaler, 
broker, or retail outlet 
shall not be required to 
obtain a license to 
distribute this product when 
this product is purchased 
from a processor licensed 
under the provisions of this 
Subsection. A milk 
distributor (handler ) , 
wholesaler, broker, or 
retail outlet purchasing the 
product for redistribution 
may be required to file a 
report with the commission 
and the 

processor -distributor 
( handler ) from whom the 
purchases are made when it 
is necessary in order to 
identify the volume sold in 
North Carolina. 

.0504 CLASSIFICATION 
OF MILK 
■(-a^ Class t^ Class i 
sl - iall include t^re produc t weigh t 
trf iriri fluid milk , fluid milk 
p r o du ct s , ( includin g pi oduuls 
swee t ened trr f lavoi eU ) , all ski m 
milk and bu tte r fa t whicli -irs s o ld 
trr disposed o-f for consumption 
OT use jrs p r o c '; s s e d fluid milk 
p roduc t s under any t rad e name 
( regardless o-f yr ade ) , exiLept 
milk *.liake m i: ' : . liaavy cr e am, 
me dium cream , !ialf and half, 
orre — half ounce coffe e creamers . 
e yyuo y . and zmy oth e r crea m 
i t ems which are classifi e d -irt a 
c lass arrd mili t ary sal e s 



■for- Class iA^ 
f o ll o win g pr o visions are 
appl icable -bo Class i-r 
( 1 ) Class i include s , 
bu t -rs no t 1 iini t cd t o , 



The 
als o 



f o llowing 
produc t s ; 



homog 
vjhol e 
buttermilk , 



type 
pab t eur iz e d 
nized milk ■ raw 
lac t ic 

plain and 



milk 
m i 1 It , 
milk, 
milk. 



flake 
flavored 
flavored 



lowf a t 
f r e s li milk, lov;f a t 
r econs t itu t ed ott 
milk, lowf a t ivhi t e 

reco nst i t u t c-d or* r e combined 
milk, stem milk, fort if led 
sk j.iii milk w it ri added solids > 
c liocola t e or flavored milks 
or milk d r inks , die t ary 
mo dified m ilk, s t er ile milk, 
r e constituted milk arrd 

concen tr a te d milk . 
■(Sri- Class i s hall also 

include arty volume o-f fluid 
loss or shr inlcag e -dm e xcess 
o-f thre e pc-i cent o-f e ach 
m — . - . t li ' s reconciliation ss 
co:"ipu te d -in accordanc e wi t h 
. 050G( e ) o-f t l ' iis Gec t ion . 



142 



NORTH CAROLINA REGISTER 



Any e xc e asiv e losi. comput e d 
wiiich -rs •bo b« paiJ jrs Class 
i -bo pvoduc e ra shall fcre paid 
■in "Hre produc e r p ayroll -for 
±hv mon t h following t+t« 
uiui ' i t h in which such los*. 
occuir e d . 
■«^ Aii fluid nrrik 

sold "to mili t ary 
installa t ions shall ire 
classified trs Class i except 
for such cla*,hif ica t ion md 
class pri ce s for sp e cified 
periods as may be appi uvtjd 
by t h e Milk Commission . 
-M4 Class i shall also 

include WfF milk arrd ultra 

pas t eur iz e d milk jrs defined 

in Rtti« .0501 (0)(e) and -(-f>r 

-Hr)- Class fA-r Glass 

iA sl ' iall ij ' iclude alri bulk milk 

sold bo otlier dis t ributors or 

t ransferred be t ween branches ott 

p lan t s of th e sam e company for 

fluid trse as d e fin e d -in . 050^ ( a ) 

o-f t his Rule including ti ' ansf ers 

for mili t ary usage for which a 

different p roduc er pric e may 

apply ■ Also, Class fA s hall 

includ e t he sal e s o-f milk made 

dir e c t ly bo military 

ins t alla t ions for wliii_h a 

p roduce r pri ce differen t fro m 

bhe Class i price mery apply . 

■fc-)- Class ifi may include 
aii f 1. esh ski m milk and fr e sh 
milkf a b wlticli is s c i ld or 
disposed o-f for co n s ump t ion as 
lovjf a t fresh whi t e milk as 
d e fined in t hes e regula t ions . 

-(-di Class i^rr Class H 
includes aii milk receiv e d and 
n ot ao-ountt- ' d for in Cla^s i and 
Class iA-r including p lant l o ss 
or shrinkage volume no t in 
excess of t l ' ir ee pe rc e n b of b+re 
botal wei g h t to account for as 
de t ermined by t+re pi ovisions of 
■ 0500( e )( 1 ) of bhis Gcction. 
Class ii u t ilizat ion i r ius t bo 



approved for Class lA . 



The 



by compl e te and 

r e cords b e ing 

by the distr ibu t or 

accoun t for bbe 

and use ox al 1 m ilJc 

produc t s r ece ived 

t lie 



supported 

accurate 

maintained 

wl ' iiclt will 

disposition 

and milk 

includl] ' ig 

slir inkage or p lan t loss . 

(a) Class I. Class I 
shall include the product weight 
of all fluid milk, fluid milk 
products. (including products 
sweetened or flavored), all skim 
milk and buttorfat vjhich is sold 
or disposed of for consumption 
or use as processed fluid milk 
prodiicts under anv trade name 
(regardless of grade). except 
milk shake mix. heavy crea m. 



medium cream, 



half nnd half. 



one-half ounce coffee creamers. 
eqgnog, and anv other cream 
items which are classified in a 
lower class and militarv sales 



following provisions are also 
applicable to Class I: 
(1) Class I includes, 

but is not limited to, the 



following 



type 



milk 



products; pasteurized milk, 
homogenized milk, lowfat 
milk, raw milk, whole lactic 
milk, buttermilk, plain and 
flake buttermilk, skim milk, 
fortified skim milk with 
added solids, chocolate or 



flavored milks. 



dietary 



modified milk, sterile milk, 
filled milk (milk portion 
only). reconstituted milk, 
concentrated milk, UHT milk 
and ultra pasteurized milk. 
(2) Class I shall also 

include any volume of fluid 
milk loss or shrinkage in 
excess of three percent of 
each month's reconciliation 
as computed in accordance 



with Rule 



,0507. 



excessive 



loss 



Anv 



computed 



vjhich is to be paid in Class 
I shall be paid in the pool 
computation for the month 
following the month in which 
such loss occurred. 
(3) All fluid milk sold 

to militarv installations 
shall be classified as Class 
I except for such 



class if ic at ion 



and 



class 



prices for pecified periods 
as may bo inproved by the 

Mil k Commir. s ion . 



(b) Class lA. 



Class lA 



shall include all bulk milk sold 
to North Carolina distributors 
for fluid use as defined in (a) 
of this Rule including transfers 
for militarv usage for which a 
different producer price may 



apply . 



Also, Class lA shall 



include the sales of milk made 



directl y 



to 



installations 



for 



military 



vjhich 



producer price different from 
the Class I price may apply. 

(c) Class II. Class II 
includes all milk received and 
not accounted for in Class I and 
Class lA . including plant loss 
or shrinkage volume not in 
excess of three percent of the 
total v;eight to account for as 
determined by tlie provisions of 



Rule 



,0508(a) ( 1 ) . 



Class II 



utilization must be supported by 
complete and accurate records 

being maintained by the 

distributor which will account 
for the disposition and use of 
all milk and milk products 
received including the allowable 
shr i n k age or plant loss . 

(d) Classification of 
Tra nsferred or Diverted Bulk 
Milk and Transfer of Packaged 
Milk. 



NORTH CAROLINA REGISTER 



143 



(1) Transfer or diversion 
of bulk milk from 



the 



producers of a pool plant or 
pool cooperative to another 



pool 



plant 



shall 



be 



classified according to the 
classification usage of the 
receiving plant at Nortli 



Carol ina 



minimum 



prices 



Hauling and handling charges 
incurred by a pool plant or 
cooperative in shipping such 
milk may be deducted from 
producers after t h e 



not if icat ion 



of 



classification of producer 
milk is received from the 
pool and shall be deducted 



in accordance with 



Rule 



.0513(f) 



The classified 



use of the milk shall be 
reported to the shipper by 
the fifth working day of the 
following month and payment 
made bv the 10th working day 
of the following month. 
(2) Transfers or diversion 

of bulk milk from producers 
or associations of producers 



from 



pool plant to 



non-pool plant shall 



be 



accounted for to the pool at 

the Class IJ price . 

Handling and hauling charges 
are permitted after the 



not if icat ion 



of 



classification of producer 
milk is rocei'"ed from the 
pool in accordance viith Rule 
.0513(f) of this section. 
(5) Transfers of packaged 

milk from a pool plant to 



another 



pool 



plant 



non-pool shall be classified 
and priced by the packaging 
distributor according to the 
commission announced price 
in effect for the state or 
federal order in which it is 
sold as outlined in Rule 
.0507(b) of this section. 
( e ) Rec lassific ation of 



Inventory . 



VJhen producer or 



other source milk on hand in 



inventory at the end of 



month 



is later utilized in a higher 
class, an adjustment shall be 
made to reclassify this volume 
of milk by accounting to the 



pool 



based 



reclassification. 



upon 



the 



This 



provision shall apply when 
Class I and lA sales of a p 



the 



lant 



e.xceed the Class 



and lA 



accounting to the pool and other 

sources : and v/hon it is 

determined that the e.xccss Class 
I and lA sales over receipts 
were derived from inventory. 



,0505 RULES OF 

CLASSIFICATION 



(REPEAL) 



IN EACH CLASS 
-V;EIGHT FACTORS 
-(-sr)- ftii dintributur s -in 
t li e mai ' k e t i]i!j ar e a shall e oi i njul e 
t lt e tot al p o unds trf milk -in each 
class and apply -to r egular 
producer d e liveries ( including 
dis t r ibutor — own e d h e rds ) -ftyr 
e a c h d e livery period . AH 

classifi e d settlei i ieii t s wi t h 

producei s unde r -ttre bas e plan 
sliall tre m ade -jn accordanc e wi t h 
t l - i e uniform metl ' iod o-f alloca t ing 
classes trf milk t-o producei s 
whi c h -rs as follows ■ 



Pr o duc er 

+ 
a 

3 

4 



DasG 

+5-re00 

0,000 

5^000 



Del iver e d 

10.000 

9.000 

G.OOO 

3.000 



33,000 30,000 
(20,000) 



Class iA 
1 ,071 

55^ 



1,000 



1 ,3 9 3 
*to5 



2,000 



,0506 COMPUTATION OF MILK 



Class i 

15.530 

0,200 

5, 170 

3.000 



3 2 , 00 
(29.000) 

90. 9 7?: 
103.57?! 



To ob t ain -Hre Class i usage 

percent , divid -? t o t al Class i 
sal e s by tot al Inrs^-r Exampl e ■ 
32,000 divided by 33,000 - 90.97X 

This per ce n t ^'. - lould b« 
appl ied •to e acli producer ' s base ; 
liowcver ■ wc fTmtl tha t producer 
♦4 cHrd rrert d e live r 90.97?: lyf Mrs 
base . ■ . ( 4 . 04 8 pounds ) whi c h h« 
■ts e n t itled t-o irt Class i-r 
Tlie re f o re . p r odu cer #4 -rs given 
tri-i o^ trrs milk at- Class, i artd a 
new percen t age i , ius t tre ub t ained 
3T5 t lia t t+re +T-8<-e po unds - Hi, 040 
- 3, 000 * 1 ,040 ) erf Class i m ilk 
tiTcry irs divided betv;een -the ot ii e r 
pro du ce rs . Ti t is -is ob t ained by 
subtrac t in g t+rc poui ' ids #4 irs 
given -dm Class i fr-om t+re to t al 
Class i sales . Tire base trf #4 
irs sub t rac t ed fr-om irh^ total 
bas es (Exampl e - 33,000 - 5, 000 *» 
20,000) ■ 

A new percen t age xs 
o b t ain e d by dividing -t+t* wew 
Class i t otal by "bh^ n^rw bas e 
t otal (Exam p l e ■ 29, 000 divided 
try 20.000 - 103.57?:) . T4txs 

pel cen t will then apply -to e a c h 
produc e r ' s b as e ( e.xcep t t h o s e 
e l imina t cd , a-s rra-s pro du ce r -^ 4 ) . 

Tht; quan t i t y otr tained 
for cacIi producer will then vyx; 
hi s Class i milk and t he total 
o-f all will accoun t ftrr the 
total Class i ^ales . EAauiple ■ 



144 



NORTH CAROLINA REGISTER 



+ 15,000 X 103.57?.' • 15,530 po unds 

2 0,000 X 103 .57?; • 0,200 p ound s 

3 5,000 X 103 .57;; • 5,170 p ounds 

4 5,000 X d ete i - min e d 3,000 pounds 



T ot al Glass i 32,000 pounds 

Class irk sal e s or trse 
■is applied +17 pL oducer ' s bas e s 
by "tire sam e procedure ; t l - iat -tst 
divide "Hie las t aggreijate laa&es 
obtained for Class i into the 
to t al Class iA sal e s or- us e 
(Exampl e • 2,000 divided by 

20,000 - 7.14,'.0 . ferch 

producer ' s base irs m ul t iplied by 
t his percen t tw ob t ain hirs 
Liuaiit ity rrf Class iA milk e xcep t 
t lios e elimina te d as was produc e r 



2 
3 
4 



15,000 X 7.14K - 1,071 p o unds 
0,000 X 7.14?: • 5t^ po und s 
5,000 X 7. 1 < <?; - 35? pounds 



To t al Class iA 2,000 pounds 



Th e Glass H milk irs 
det e rmined by sub t racting 
Glass i and Class iA milk 
th« t o t al deliveries of 
pr o du c er . 

(b ) To compute the w e igh t 
trf produc t p ounds t-o 
classified irt e a c h c-t 
multiply the respectiv e units by 
the proper w e i g h t fa c t o r 
determined on the basis of 
following w e ights p«r quar I ■ 



t lie 

flrOTTl 

each 



be 
ass , 



the 



Produc t 

Cr e am e d Dutt e ruiilk (wliole ) 
Flavored Milk/Milk &rink ( n et ) 

Skim nm^ 

Dutteii i iilk 

W e igli t W e igh t 
Per Quar t Product Peir eaarf 

2^+5 Cr e am -f+O +7^^i^- 2-r+3 

2T-h5 Cr e am -H-& 2+*^ 2v++ 

2-r0e Crea m +29 32^t> ?rr&9 

2t+& Cr e am 433 S9^t^ g-r&e 

2-r+6 Cr e am 440 42^r> ?rr&6 

To comput e the produc t 
pounds of eggnug , sour c re a m 
dips, and milk sliake mix , 
mul t iply t h e uni t s by t li e 
respectiv e w e igh t for e ach 
produc t ; provided, Itowever . the 
wciglit of any non m ilk 
ingredient solids mtry be 
deduct e d from t h e t o t al w e i g h t 
of the computed p r o duc t pounds 
fo arrive at the po unds to be 
c lassified to producers . 

-fc-f Tho t otal p o unds of 
breed milk sold by e acl ' i 
dis t ributor may he alloca t ed irt 
a uniform mann e r to yi ' odu c ers of 
breed milk ( in c luding 



dis tr ibutor own e d li e ids ) and the 
r e maining amount of m ilk 
d e livered by br e ed pioduc e rs -(-if 
any) shall be classifi e d -in 
Class a of tin e regular pool . 
if bre e d milk sal e s jrre 
classified in the r egulai ' p ool , 
the minimu m premium of t w e n t y 
cen t s (00.20) por I ' tundi edwelyhL 
for bi uud milk sales sliould be 
prorated to bre e d producers as a 
percentag e of tl ' i e ii es t ablished 
base ■ 

-(-d-> fn the mon t hs of 
July tmA January of e ach y e ar, 
qualified br e ed produc e rs may 
select the breed milk pool or 
the regular pool in which they 
will yar bicipat e for the 
following six month p e riod 
b e ginning Augus t + and February 
+-r -Hfo cl ' iai ' iges will be 
permitted b et ween pools for 
breed produc e rs e xc e p t in the 
mon t lis of Augus t and February ^rs 
provided in t his Parag r apli . ) A 
copy of th e agr e emen t mus t be 
filed wi t li the plan t and Milk 
Commission and such agr ee m e n t 
sliall be in wri t ing and sign e d 
by ea c h breed pi - oduc e r aff e cted . 

( e ) To compute th e 
plan t l o ss or slir inkage for e ach 
mon t l ' i or accoun t ing period, the 
following procedure shall be 
f o ll owe d . 

-(-H- Add the weigh t of 

aii milk anti cr e am products 

co n t aining but t erf a t or milk 

s o lids in any form r e c e ived 

f L oi n producers or o t her 

sour ce s , and the w e igh t for 

any volume of milk 

reconstituted ■ 

D e duc t from the 

r esul t in g total w e igh t 

comput e d in accordance with 

the ab o v e , the weigh t of 

any c r e am , po wde r or 

cond e nse received vihich is 

tr ansf err e d dlr ectly for 

use in the manufactur e of 

by — p roducts sucli as ic e 

cream and co t tage clieese to 

determine a stifa — total — 

Met rec e ip t s to account 

for^ 

Add to this snb — t o t al 
t he beginning bulk and 
p ackag e inven t ories to 
det e rmine the to t al w e igli t 
of the milk and milk 
pi 'o ducts to a cco un t for . 
■(-2-> Add the w e i g h t of 

all milk, ci.eam, and milk 

products con t aining 

bu tt er fa t and skim milk 

ingr e dients us e d and 

disposed of in the followin g 

manner ■ 

Packaged and bulk 

sales and tr ansf er s -(-do not 

include animal feed sal e s ) ; 

ending inven t ories ; milk 



NORTH CAROLINA REGISTER 



145 



solida -irt L -ec onsti t ulluii; 
t+re w e igh t <rf vny unusual 
loss wliich -rs allowabl e ?rs 
provided -ftrr -in .OSOSCf ) trf 
t his G ect ion; t r aiisf e i s to 
t h e maimf actur ii ' iy trf 



by products 
c r e am nnxi 
l e ss t h e 

ingi edieiits 
accordanc e 
t his Rul e, 
pui ' cliascd f oi ' 



such ITS ic e 

co tt age cheeaa 

weiglit Trf 

deduc t ed -in 

wirHi ( e )(1) trf 

which w e i e 

direc t trsw -in 

by — pi odui. Is . 

w e igh t s ttj 

must n^ 

complete and 

Su c ii 



manufacturing 

T+re tr ansfer 

manuf ac t ur ing 

suppor t ed by 

adequate rec o rds . 

manuf ^ic t u r ing re c ords mtrst- 

be m ade availabl e for 

insp e c t ion and audit 

p ury o i.es . 
(3 ) Determin e tbe allowable 
l o s s «rr shrinkag e by 
mul t iplying t l ' i e t otal w e ight 
o^ the milk and milk 
products trr acc o unt -ftrr -in 
( e )(1) erf tbis Rul e , by 
t hr e e p e rcen t . 
■(r^ De t ermin e tbe actual 

loss err slirinkag e or- gain by 
subti ' ac t in g tbe t o t al 
w e i g h ts accoun t ed for -in 
( e )(2) trf tbrs Rtrir« from tb« 
to t al we i g li t to accoun t for 
in ( e )(1) of t his Rule. 
( !3 ) When tlie actual 

loss or shrinkage e xc ee ds 
t lie t hree pe rc e n t amoun t 
determined -rn ( e )(3) of this 
Rul e , tbe e xcess loss or 
slir inkage mtrst- bo added to 
Class i fo pr o ducers , e xcep t 
tbaf tbe exc e ss loss o-r 
sill inkage may be prora t ed 
based on tbe sourc e of ne t 
re c e i pt s zrs c ompu te d irn t h e 
n et sub — t o t al in (e)(1) of 
t his Rule . h'li e n t he net 
rec e ipts to accouji t for in 
( e ) ( 1 ) of t his Rul e include 
receip t s of ingredien t s f roi i i 
s o urces ot h e r tban produ c ers 
or from r econs t i t u t ion , 
de te r m ine t he perc e n t tliat 
producer re c e ip t s ar e to tbe 
sub — t otal — n et r e c e ip t s to 
account for . Apply this 
p e rc e nt tr> any excessive 
l o ss or shrinkage to 
determine tbe w e igl ' it 
adjustment to be added to 
Class irr Su c h adjustment 

^hal 1 bo pa id in the 
p roduc e r payroll for t he 
month f o ll o win g tbe mon t h in 
which such loss occurs , 
provided however , if e n o u g h 
Class a milk is not 
available then the amount 
no t adjus te d shall be paid 
in tbo nex t subsequ e n t month 
or mon t hs un t il tbe full 



(a) After each handler 
in the marketing area receives 
notification from the commission 
of the total pounds of milk in 
each class due for that group of 
producers. all handlers shall 
compute the total pounds of milk 
in each class and apply to 
qualifying baseholdinq producer 

deliveries ( including 

distributor (handler ) -owned 

herds) for each delivery period. 
All classified settlements with 
producers under the base plan 
shall be made in accordance with 
the uniform method of allocating 
classes of milk to producers 
which is as follows: 



Produ 


cer 


Base 


Delivered 


1 




15,000 




18,000 


2 




8,000 




9,000 


3 




5,000 




6,000 


4 




5,000 




3.000 





33,000 36,000 
(28,000) 



Class I 


Class II 


15,536 


2,464 


8,286 


714 


5,178 


822 


3,000 


- 




32,000 


4,000 



(29,000) 

96.97% 
103.57% 

To obtain the Class 



usage 



percent, divide total Class I 



sales by total base. 



32,000 



divided by 53.000 = 96.97% This 
percentage shall be applied to 
each producer's base; however, 



producer number 



did 



not 



deliver 96 .97% 



of his base ■ 



Therefore, producer number 4 is 
given all of his milk at Class I 
and a new percentage must be 



obtained so that 



the 



1 ,848 



pounds ( 4 ■ 848 



3,000 



of Class 



milk will 



1 ,848) 



be 



reallocated to other producers. 
This is obtained by subtracting 



the 



Clas 



pounds number 4 is given m 
s I from the total Class I 



sales ■ The base of number 4 is 
substracted from the total bases 



(E.xample: 33,000 



5,000 



28.000) ■ 

A new percentage is 
obtained by dividing 



the 



Class I total by the new base 
total (E.xample; 29,000 divided 



by 28,000 - 103.57%) 



This 



percent will then be applied to 
each producer's base (except 

those 



el iminated , 



producer number 4) 

The guantity obtained 
for each producer will then be 
his Class I milk and the total 



adjus t men t is paid . 



146 



NORTH CAROLINA REGISTER 



of all will account for the 

total Class I sales. Example: 

1 15,000 X 103.57/: = 15,536 lbs. 



2 8,000 X 103.57-/; = 



8.285 lbs. 



3 5,000 X 103.57-/: 



5, 178 lbs. 



4 5,000 X determined = 3,000 lbs. 



Total Class I 



32,000 lbs. 



The Class II milk 
is determined by substract 
the Class I from the to 



mq 



tal 



deliveries of each producer. 

(b) To compute the weight 
of product pounds to 



be 



classified 



each 



class I 



multiply the respective units by 
the proper weight factor 



determined on the basis of 
following weights per quart : 

Product 

Whole Milk 

Low Fat Milk 

Low Fat Milk 

Skim Milk 

Buttermilk 

Flavored MilkCChoc . /Eggnog ) 

Flavored MilkC Choc . /Eggnog ) 

Milk Shake Mix (net) 

EgqnogC net ) 

Cream 

Cream 

Cream 

Cream 

Cream 



the 



Butterfat 


Weight 


Content 


Per Quart 


(3 .25% min. ) 


2. 15 


(1-2:;) 


2. 155 


( .5-^•/.) 


2.16 


(0.99%) 


2. 16 


(0.99%) 


2. 16 


(3.25%) 


2.00 


(1.2%) 


2.00 


(4.0-:) 


2.00 


(6% and above) 


1 .95 


( 10-17%) 


2.13 


( 18-28%) 


2.11 


(29-32%) 


2.09 


(33-39%) 


2.08 


(40-49%) 


2.06 


To compute the 


: product 



weight of eggnog, sour cream, 
dip and milk shake mi.x. a 
different weiqht factor may be 
used due to a difference in the 
non-milk ingredients provided 
the difference is substantiated 
by filinq an attachment to the 
report . 

.0507 MINIMUM CLASS PRICES 
AND BUTTERFAT DIFFERENTIALS 

(a) Class I price for 
North Carolina Sales. Effective 
May 3, 1986, the minimum Class I 
price to be used for pool 
computations for all milk which 
is processed in North Carolina 
and sold or disposed of for 
consumption or use as processed 
fluid milk products in North 
Carolina and classified as Class 



I, shall be the average price 
per hundredweight for 
manufacturing grade milk, f.o.b. 
plants in Minnesota and 
Wisconsin, adjusted to a 3.5% 
butterfat basis as reported by 
the U. S. Department of 
Agriculture for the second 
preceding month plus four 
dollars ($4.00) per 
hundredweight. The price 
generated under this procedure 
shall be adjusted according to 
the procedures outlined in 
subparagraphs (a)(1) and (a)(2) 
of this Rule and the resulting 
price shall be announced in 
accordance with the procedure 
outlined in paragraph (a)(3) of 
this Rule. 

( 1 ) The price computed 

in (a) of this Rule shall be 
adjusted downward when the 
prevailing price for raw 
milk offered for sale or 
quoted to proc e ssors 
handlers or distributors 
located outside North 
Carolina for sales to be 
made into North Carolina, as 
defined in this subpargraph, 
is below the price computed 
in (a) of this Rule. 

The prevailing price 
shall be defined as the most 
frequently utilized, most 
common, or predominant price 
offered or quoted by 
producers or associations of 
producers to pi ooesboi s 
handlers or distributors 
located outside North 
Carolina for Class I fluid 
milk which is to be sold or 
disposed of for consumption 
or use as processed fluid 
milk products in North 
Carolina. The Class I fluid 
milk price offered or quoted 
by any cooperative or 
federation of cooperatives 
for at lea3t 
volume of Class 
sales shipped 
Carolina by 
handlers or 
located outside North 
Carolina shall be considered 
to be the prevailing price. 

(2) Should the Commission 
determine that pim-ussoi s 
handlers located outside 
North Carolina will be 
paying various Class I 
prices for milk for sale 
into North Carolina and that 
a prevailing price, as 
defined in (a)(1) of this 
Rule cannot be determined, 
the Commission may adjust 
the price computed under the 
provisions of (a) of this 
Rule downward to a Class I 
price which it considers 



51% of the 

I fluid milk 

into North 

pi ucei>i>oi ' s 

distributors 



NORTH CAROLINA REGISTER 



147 



fairly representative of the 
various prices to be paid to 
producers or associations of 
producers by pi oc e ssui*. 
handlers or distributors 
located outside North 
Carolina for Class I sales 
made into North Carolina. 

(3) The Class I price 
determined for any month 
shall be announced on or 
about the fifth and before 
the tenth of the month 
preceding such month and the 
price so announced shall be 
the price in effect for such 
month . 

(4) The Milk Commission 
reserves the right to 
suspend. in accordance with 
the procedures applicable 
for filing temporary rules 
as provided in the 
Administrative Procedures 
Act and rules, any price 
movement indicated by the 
procedures outlined in this 
Rule when the Commission 
deems it advisable. 

(b) Class I price for 
sales outside North Carolina. 
(1) Definitions. For 

purposes of this regulation, 
the following definitions 
shall apply: 

(A) "Sales outside North 
Carolina" shall be defined 
as sales of Class I fluid 
milk which is processed in 
North Carolina and sold or 
disposed of for 
consumption or use as 
processed fluid milk 
products into other 
states. If the point of 
such consumption or use 
cannot be reasonably 
determined by the 
Commission, then such 
sales shall be considered 
to be a sale where the 
handler is located. 

(B) "Prevailing Price" shall 
be defined as the most 
frequently utilized, most 
common, or predominant 
price for Class I fluid 
milk paid to producers or 
associations of producers 
by processors handlers 
located in such area for 
milk which is sold or 
disposed of for 
consumption or use as 
processed fluid milk 
products in those areas. 
The Class I fluid milk 
price of any cooperative 
or federation of 
cooperatives having at 
least 51% of the Class I 
fluid milk sales in a 
given area shall be 
considered to be the 



prevailing price for that 

area . 
(2) The price to be 

p aid produc e rs used for pool 
computat ions for the product 
pounds classified as Class I 
and sold outside North 
Carolina shall be as 
follows : 

(A) Virginia. For sales 

in Virginia the price 
shall be the actual price 
established in Virginia 
Milk Commission for milk 
containing three and 
one-half percent (.3.5'/.) 
butterfat or the 
prevailing price whichever 
is higher . 

(B) Federal Order Areas 
and South Carolina, 
(i) For sales into 

all federal order areas 
and South Carolina, the 
minimum price to be paid 
to producers or 

associations of 

producers shall be the 
prevailing price being 
paid to producers or 

assoc iat ions of 

producers by proi- e ssui s 
handlers located in such 
areas for milk 
containing three and 
one-half percent (3.5':) 
butterfat which is sold 
or disposed of for 
consumption or use as 
processed fluid milk 
products in those areas. 
Prior to announcing 
the prevailing price, 
the Commission shall: 

(I) provide all North 
Carolina processors 
handlers (and their 
supplying producer 
cooperatives) which 
have Class I sales 
outside North Carolina 
with a reasonable 
opportunity for input 
to the Commission as 
to the price or prices 
being paid for raw 
milk for the areas 
into which they sell; 
and 

(II) contact proc e ssors 
handlers outside North 
Carolina which have 
sales into such areas 
in an attempt to 
gather probative 
information as to the 
price or prices being 
paid for raw milk. 

(ii) Should the Commission 
determine that 

pi oi^esso r s handlers are 
paying various Class I 
prices and that a 
"prevailing price" as 



148 



NORTH CAROLINA REGISTER 



defined for a state or 
federal order area 
cannot be conclusively 
determined, the 

Commission may: 

(I) announce the 
"prevailing price" for 
regions, geographic 
territories or locales 
within such state or 
federal order area: or 

(II) announce as the 
price for an entire 
state or entire 
federal order area a 
price which it 
considers to be fairly 
representative of the 
various prices in 
effect in each state 
or federal order area 
by computing the 
weighted average of 
the Class I prices in 
effect for an 
appropriate area based 
upon documented 
invoice prices or 
Class I payrolls for 
non-members; or 

(III) announce as the 
price a weighted 
average price as near 
as it can be 
determined of the 
varying Class I 
prices . 

(3) Deductions or credits. 
When the price is announced 
for sales outside of North 
Carolina, the Commission 
shall also announce a 
maximum deduction or credit 
which may be allowed from 
this price after considering 
the service charges in 
effect in such state or 
federal order area . 

(4) Announcement. The prices 
for milk sold in other 
states or markets shall be 
announced and a notice 
mailed to all licensed 
Ji:..ti ibutui s handlers at 
least ten days prior to the 
effective date of such 
prices . 

(c) Class lA Price. 
The price to be paid Noi ' tli 
Carolina producers ot N o r t h 
Carolina associat ioiis erf 

producers used for pool 

computations for the product 
pounds classified as Class lA 
shall be the weighted average 
price on a three and one-half 
percent butterfat basis for 
sales or transfers of milk 
computed in accordance with the 
provisions as outlined in 

.0£)Q5(d) Rule .0504(b) of this 
section. Further, the Executive 
Secretary is authorized to 
announce the minimum prices to 



be paid produc e rs used for pool 
computations for milk used to 
supply general issue and 
commissary contracts for 
military installations. The 
minimum prices announced shall 
be applicable to the bids made 
during a specified period and 
remain in effect for the 
duration of the contract. After 
all handler utilization reports 
are received by the commission, 
Class lA product pounds shall be 
pooled with Class I. and when 
payment notification is returned 



to 



the producer , 



Class 



lA 



payment will be combined with 
Class I . 

trH- Class ¥B Pric e . The 
minimum p ric e t-o fee paid 
producers fox -the pi ' oduc t po unds 
clasi^if icd a^ C 1 a^ s iB irt t+re 
designated i narketing areas shall 
hn a-s follows . 

Milk Marke t in g Ar e as 

vl 1 1 , I){ . and vi the 

price yjiiei ate J by t+re 

a-s o u t l ined irt ( a ) o-f 

srvi announced by t he commission 

f o r milk con t aining t hr e e and 

one — I ' lalf precen t but te rfa t . 

■HH- (d) Class II Price. 
The price to be accounted to the 



Vi-r Vi^T 

Class i 

procedure 

:liis Rul e 



pool 



for 



product 



pounds 



classified as Class II shall be 
the announced Class II price of 

the commission. The announced 

Class II price shall be the 
average price n:?r hundredweight 
for manufacturing grade milk, 
f.o.b. plants i n Minnesota and 
Wisconsin. adjusted to 3.5/^ 
butterfat basis as reported by 

the U.S. Department of 

Agriculture for the second 



nrv 



ceding month . 
(o) 



Butterfat 

Different ials . 
For Class I, Class lA, and Class 
II milk, each dis tr ibu t or 
h n n d 1 c r shall pay producers the 
minimum butterfat differential 
per hunderweight as announced by 
the commission on or about the 
fifth of the month to apply to 
all deliveries made during that 
month OT accoun t ir.g period . The 
minimum differential for each 
month o-r acoun t in g period shall 
be determined by multiplying the 
average Chicago 92 score butter 
price for the previous month, as 
reported by the U. S. Department 
of Agriculture, Crop Reporting 
Board, by 0.10 and rounded to 
the nearest one-tenth cent 
($0.0001) (0.0005 shall be 
rounded to the next 1/10 cent). 

In making payment to 
each producer, a dis t ribu t or 
h andler shall add the minimum of 
the applicable butterfat 
differential per 



NORTH CAROLINA REGISTER 



149 



hunderdweight f or each 1/10 of 
one percent that each producer's 
milk is above three and one-half 
percent butterfat and shall not 
deduct more than the minimum of 
the applicable butterfat 
differential per hundredweight 
for each 1/10 of one percent 
that each producer's milk is 
below three and one-half percent 
butterfat . 

( g ) ( f ) Premium for Breed 
Milk Sales. Each handler shall 
pay breed producers a minimum of 
tvjenty cents ($0.20) per 
hundredweight for all breed milk 
(sold by the dis t r ibu toi' handler 
as breed milk at a premium 
price) in addition to the 
established Class I price. 

■Ht^ ( q ) Minimum Price to be 
Paid by a Distribu tor Handler 
for Class lA Milk. The minimum 
price to be paid by the 
purchasing Jisti ibu t or handler 
to other distribu t ors handlers 
for Class lA milk shall not be 
less than the class-use minimum 
producer prices established for 
the marketing area in which the 
purchasing dii,tr ibutor handler 
is located . 

( i) (h ) Minimum Price for 
Milk Sold in Established 
Marketing Areas. Each 

dis t i. ibutor handler located in 
an uncontrolled area in North 
Carolina, who distributes milk 
in other established marketing 
areas in North Carolina, shall 
pay producers not less than the 
minimum producer price 
established for that part of his 
total sales that are sold in 
other established marketing 
areas in North Carolina. 

.0508 PLANT SHRINKAGE 
(a) To compute the plant 
losr: or shrinkage for each month 

or account ing period , the 

following procedure shall be 
f ol 1 owed : 

( 1 ) Add the weight of 

all milk and cream products 
containing butterfat or milk 
solids in any form received 
from producers or other 
sources, and the weight for 



any 



volume 



of 



milk 



reconstituted . 

Deduct from the 
result ing total 



weight 



computed in accordance with 
the above, the weight of any 
cream, pov;der or condense 

received which is 

transferred directly for use 

in the manufacture of 

by-products such as ice 
cream and cottage cheese to 
determine a sub-total -~ Not 
receipts to account for. 
Add to this sub-total 



the beginning bulk and 

package inventories to 

determine the total weight 
of the milk and milk 
products to account for. 
(2) Add the weight of 

all milk. cream, and milk 



products 



containing 



butterfat and skim milk 



ingredients 



used 



and 



disposed of in the following 
manner : 



Packaged and bulk 
sales and transfers (do not 
include animal feed sales); 
ending inventories: milk 
solids in reconst itut ion ; 
the weight of any unusual 
loss which is allowable as 
provided for in subsection 
(b) of this Rule; transfers 
t o the manufacturing of 
by-products such as ice 
cream and cottage cheese 



less 



the 



weight 



of 



ingredients 



deducted 



in 



accordance with (a)(1) of 



this 



Rule, 



which 



were 



purchased for direct use in 
manufacturing by-products. 
The transfer weights to 

manuf actur ing must be 

supported by complete and 

adeauate records . Such 

manufacturing records must 
be made available for 



inspect ion 



and 



audit 



purposes . 
(3) Determine the allowable 



loss 



shrinkage 



_bY 



multiplying' the total weight 



of 



the 



milk 



and 



milk 



products to account for in 



(a)(1) of this Rule. 



±2i 



three percent . 
(4) Determine the actual 

loss or shrir.kage or gain by 



subtracting 



the 



total 



weights accounted for in 
(a)(2) of this Rule from the 
total weight to account for 
in (a)(1) of this Rule. 
(5) V.'hen the .actual loss 

or shrinka-iie e.xceeds the 



three 



percent 



amount 



determined in (a)(5) of this 
Rule, the excess loss or 
shrinkage Tust be added to 
the Class I volume for pool 
computations, e.xcept that 
the e.xcess loss or shrinkage 
may be prorated based on the 
source of net receipts as 

computed in the net 

sub-total in (a)(1) of this 
Rule. VJhen the net receipts 
to account for in (a)(1) of 
this Rule include receipts 
of ingredients frcm sources 
other than producers or from 



reconst itut ion. 



determine 



the percent that producer 



receipts 



to 



the 



sub-total 



net receipts to 



150 



NORTH CAROLINA REGISTER 



account for. 



percent to 



Apply this 



loss 



any 



excessive 



or 



shrinkage 



to 



determine 



the 



weight 



adjustment to be added to 

Class I ■ Such adjustment 

shall be classified as Class 
I in the month following the 
month in which such loss 
occurs . 
(b) Unusual Loss of Milk- 
When an unusual loss in bulk, 
processed, or packaged milk is 
experienced from an act or 
condition over which the handler 
has no control, the Milk 



Commission 



will 



cons ider 



administrative relief if such 
request is made as soon as 
possible by telephone to the 
commission office. and such 
telephone call is immediately 

a written 



confirmed 



.bY- 



certification from such handler. 

The written certification must 

be submitted jointly by the 

plant superintendent and the Commission 

highest other e.xecutive of the 

plant where the loss occurred. 

On any such request. if 

approved, a written waiver will 
be furnished to the handler and 
such waiver must be attached to 
the report for the month in 
v;hich such loss occurred. Upon 
receipt of a wa iver. a h an dj._e r 



milk from other handlers, 

receipts from 

reconst itut ion , and any or 

all other fluid milk 

products and bulk milk and 
cream products. 
( 3 ) " he utilization and 

di position of all milk, 
filled milk, reconstituted 
milk, and milk products 
reported pursuant to (a)(1) 
and (a)(2) of this Rule. 

(4) Inventories at the 
beginning and end of the 
month of all fluid milk 
products and other products 
specified in this Rule. 

(5) The transfer and 
diversion of all milk and 
milk products not covered in 

subsections (a)(3) and 

(a) (^ ) of this Rule . 

(b) On or before the 
fifth working day following the 
end of the month, each producer 
association shall report to the 



the 



forms 



must 



maintain 



all 



related 



records for audit examination. 

■0509 PRODUCER SETTLEMENT FUND 

The Milk Commission 
shall establish and maintain a 
separate fund known as the 
"producer settlement fund" into 



furnished by the Commission, the 

following information: 
( 1 ) Receipts of all 

North Carolina baseholding 
milk and receipts of milk 
from other sources including 
milk diverted from other 
pool plants to such handler. 
(2) Transfer and disposition 
or diversion of all milk 

received from producer 

sources and other sources to 
any Grade A or manufacturing 
outlet wherccr located. 



(c) On or before the 
fourth working day of the 
folloviing month, the purchaser 
of bulk milk shall furnish the 
seller a record by classes as to 
the use of all milk received. 
,0511, .0512 and .0513 of this Pa^/ment shall be made by the 



which 



the 



commission 



shall 



deposit all payments made by 



handlers pursuant 



to 



Rules 



section 



f ron 



which 



the 



ninth 



commission 



shall 



make 



all 



working day of 



the 



payments pursuant to 



Rules 



051 1 , .0512 and .0513 of this 



following month. 

(d) On or before the 
seventeenth vjorking 



day 



section . 
handler 



Any payments due a 
or associat ion of 



ut il izat ion 



and 



gross 



producers shall be offset by any 
payments due from such handler 
or association of producers. 

.0510 HANDLER AND PRODUCER 
PAYROLL REPORTS 

(a) On or before the 
fifth working day following the producer . 
end of each month, each handler 
shall report to the Milk 
Commission on forms furnished by 
the Milk Commission as follows: 

(1) Receipts of all 
North Carolina baseholding 
milk and receipts of milk 
from other sources including 
milk diverted from other 
pool plants to such handler. 

(2) Receipts of packaged 



following the end of each month 
each handler and cooperative 
shall file with the Commission 
on forms furnished by the 
Commission, a complete report of 
all receipts, sales, and 



and 



producer 



payroll showing the allocation 



pay-.ant 



to 



each 



.0511 UNIFORM CLASS I AND 
CLASS II PRICES AND 
POOL OBLIGATION 
(a) After receiving the 
preliminary utilization" reports 



filed by 


th 


e handlers 


and 


associations o 


f producers 


under 


the provisions 


of .0510 of 


this 


sect ion . 


the 


commission 


shall 


determine 


uni 


form prices 


for 


Class I 


and 


Class II 


milk 



NORTH CAROLINA REGISTER 



151 



containing 3.5 percent butterfat 
as follows : 

( 1 ) Determine the value 

of Class I milk utilized by 
each handler and association 
of producers . 

(2) Determine the value 

of Class II milk utilized bv 
each handler and association 
of prodvicers . 

(3) For any handler plant 
which is also fully 



regulated under 



federal 



milk marketing order, adjust 
the Class I value computed 
for such handler either bv ; 

(A) subtracting an amount 
equal to the amount of any 
payment remitted to a 
producer settlement fund 
of such federal milk 
marketing order for the 

previous settlement 

period, or by 

(B) adding an amount 

equal to the amount of any 
payment received from the 
producer settlement fund 
of such federal milk 
marketing order for the 

previous settlement 

period . 
(4) Add or deduct from 

the respective class any 



amount owed to. 



or credit 



due from the North Carolina 
pool for previous nonths 
resulting from corrections 
or adjustments. 
(5) Combine the values 

in subsections ( a ) C 1 ) 



through (a)(4) of this Rule 
to determine the Class I 



value 1 



the Class II value 



and 



the 



total 



pool 



obligation for each handler, 
(6) Aggregate the values 

for Class I and Class II for 



all 



pool 



handlers 



to 



determine the total pool 
value for the Class I and 
Class II nilk. 
(7) To the resulting 

total pool values for Class 
I and Class II milk. add 
the reserve 



one-half of 



balance 



in the producer 



settlement 



fund for 



the 



previous month, prorated 
between Class I and Class II 

on the basis of the 

percentage of utilization in 
each class . 
(8) Divide the value 

determined for Class I and 



Class 



II 



milk 



than four cents ($0.04) per 
hundredweight but not more 
than five cents ($0.05) per 
hundredweight from the 



average 



price 



per 



hundredweight for Class I 

and Class II milk determined 

in subsection (a)(8) of this 

Rule as a reserve for the 

producer settlement fund. 

(b) The results of the 

computations in (a) of this Rule 

shall be the uniform prices for 

Class I and Class II milk and 

shall be the prices applicable 

to the volume of each handler's 



Class I and Class II milk as 
allocated and determined in 
accordance with the procedures 
outlined in Rules .0512 and 



.051 



of this section. 



.051: 



COMPUTATION OF SETTLEMENT 



FUND AMOUNTS 
(a) After determining volumes 
utilized in Class I and Class II 
milk from all handlers based 
upon the procedure outlined in 
Rule .0511 of this section, the 
Class I and Class II volumes 



utilized shall 



be 



allocated 



among all handler groups of 
producers using the following 
procedure : 

( 1 ) Aggregate the total 

monthly bases of all active 
producers . 
(2) Should th'^ total bases 

of any han 'lor group e.xceed 
production for the month, 
adjust the total bases to 
equal the total production 
for that handler for such 



month ■ 
( 3 ) Combine 



the total 



bases for each handler to 
determine the total base for 
the pool to be used in the 



allocation of Class 



and 



Class 



II 



nilk for each 



handler . 
(4) Calculate the percentage 
of volume utilized in Class 
I to the tot.al base for the 



pool and use this 
to determine the 



percentage 
volume to 



allocate to each handler in 
the pool as Class I . 
(5) Subtract the Class I 

volume from the total volume 
purchased bv each handler to 
determine the Class II 
volume . 



(b) After determining the 
allocation of Class I and Class 
for all II milk due each handler group. 



handlers by the total volume apply the Class I and Class II 



of Class I and Class II milk 
respectively; the results 
being the average price per 
hundredvjeight for Class I 



and 



Class 



II 



milk 



respect ively . 
(9) Subtract not less 



uniform prices determined in 
.0510(b) of this section to 
these values to determine the 
value of milk due each group 
from the producer pool . 
(c) The value of milk of 



152 



NORTH CAROLINA REGISTER 



each handler group as determined 
in (b) of this Rule shall be 
compared to the value of milk 
due to the pool as computed in 
■0511(a)(5) of this section to 
determine if a payment is to be 
made to the pool or if funds are 
to be drawn from the pool. If 
payment is due the pool , the 
commission shall notify each 
handler or handler group by the 

eighth of the month. Such 

payment shall be made to the 
commission by the tenth of the 
month . 



.0500 METHOD OF SETTLEMENT 
-(-sr> Final Settlement . 
Each disfci ' ibutor -in 
sliall m^jtkw 



trie 

T 111 X 

■to 
+51rh 



mark e ting area 
and comple te 
pi. o Jucers on or b e fore t li e 
day f ullowiiig t+re c l o s e of 
calenJai ' mon t h o-r approved 
accoun t ing per iod a+ no t less 
t l ' ian the minimum class pr ic e s »s 
specified -irt . 0507 of tl^is 
Sec t ion . 

-Ht4- Fai t ial rayii i ents . 
U po n request , a par t ial 
paV'"ci^ 'fe ahall be paid to a 
pL ' oducei ' no t later t l ' ian the las t 
day of t lie delivery period for 
milk received during t he firs t 
half of such d e l iver y per iod . A 
produi-er ' s request for- a pai t ial 
paymen t sliall ire honored for art 
amount trp t^ ^rQ percen t o^ It is 
pL eviuus mon t h ' s ne t u t ilization 
valu e co mpu te d to the nea r es t 
OTto hundred dollars (0100.00); 
provided ■ a sufficien t volum e rrf 
milk has be e ii del iver ed for the 
f li st half of the l iioiitl ' i or p-^iy 
p e ri o d to jus t ify sucli paym e n t . 
Fur t her , -irt de t ermining t h e 
anoun t of t+re pai t ial payment to 
ire made , tire dis tr ibu tor iTta7 
t ake -irrbo acc o unt assignm e nts 
and such o t her deduc t ions trs ar e 
autiior ized by t li e producer . 

A producer may reques t 
t ha t a par t ial paymen t tre mad e 
on a r e gular basis or may 
requ e s t a singl e or limi t ed 
number o^ par t ial paym e n t s . -tn 
addi t ion to tho procedure 
ou t lin e d , a disti Ibu t or mtry make 
partial paymen t s t-o a pr o du ce i - 
at" such t ime or t mies and "in 
su c h amoun t s a-s may bo agr e ed 
upon between t+re t w o par t ies . 



s hall 
fund s 



E^ 



ren 
rh d is t r ibu t or 



make such 
ow e d to 



d e duc t ions fTTom 
a producer a-s 



au t l ' ior ized fay t h e p roducer 

■frd-i- Each disti ibutor shall 
m ak e tho necessary adjustm e n t s 
to correct any error -irt 

classificatluH or paymen t s to 
producer s for pas t th 
periods . 
■fe-)- G t atemei ' iL 



Each distributor sltall fmnlsh 
to e ach produc e ! or associat luii 
of produc e rs for e ach dellvei y 
p e riod a s t a t emen t -rn wi lliny 
wiiicli may b« re t ain e d by t+to 
producei. ' , sl ' towing the followluij • 

CI) the ident it y of 
th« distributor , 

( 2 ) t h e delivei y periods 

( 3 ) producer bas e for 
p e riod, 

■M^- butterfat t est, 
-(-5-> pounds of milk -in 

e a c h class , 
-(-6^- class pric e s , 
( 7 ) gross amoun t for 

eacli class . 
( ) e ach deducti o n mad e 

by t h e dis t ribu to r , 
( 9 ) ne t ai i iuufit p aid . 
-f-f-> Art association of 



producers 
p ro cessors 
milk, o-r a 
deduc t ion 



may 

to vjhom 

pi. oc e ssoi 

f 1. om art 



reii i ibui s e 

t hey s e ll 

may make a 

individual 

milk -irs 

following 

sa^/iiigs at- th« 



per 



produ c er from whom 

p urchased , for •tho 

servic e s ami cost 

r a te s lis te d : 

( 1 ) field s e rvic e s . four 
cen t s ( 00 .04) 
hundredw e igli t ; 
■(-2-)- te s t in g for- butter fat , 
bac te ria artd antibiotics ■ 
thr ee corrt-s (00 .03) per- 
hundr e dweigh t ; 
■fSr^ p r eparing orrd compiling 
r e ceipts , payrolls , filin g 
reports a: id pr e par ing 
checks . t hr e e cents (00.03) 
p er hundred -r e - igh t ; 
■(-^ cos t s avings to an 

ass oc ia t i o n or- arr individual 
produ ce r r' c^ult iii g from t+te 
receiving of milk on t+re 
basis of producer weights 
ami t es t s ■ niiie cents 
(00.09) p er hundredweight i 
( 5 ) C-OS+ savings to 

art association or art 
Individual pr oducer 

resul t ing from receiving 
milk ore a uniform basis . 
tl ' iree c e n t s (00 .03) per 
hundred vjeig'.i t . 
r r' i u L' to r ece i\' rng a 

reimbursement from 

associa t ion of pr oducers 

wr i t ten agreement 

p ro ce ssor and t+re 



an 
a 
be t ween the 
association of 



to Pi uducer s . 



pi odacer ' s mus t be on fil e w i t li 
tho proc e ssor identifying tl ' iose 
se r vice s and ocrst- savings which 
will be per fur med by "the 
pr oce ssor to wh o m such 
ass oc iat ion sells . 
P r i o r to making a 
deduct ion fr o m ^m individual 
p ro du c er , a proc e ss or mus t I ' lav e 
a wr i tt en autlior iza t ion from 
such producer iden t if y in g the 
services and c o s t savings which 
will be performed by the 



NORTH CAROLINA REGISTER 



153 



yioc e ssor "to who m such p r ciduc e L - 

s e lls ■ 

The t-ominission sliall v e rify 
t+ra-t -Hre sp e cific s e rvices arrd 
cro-s-b savings are pe rfoi me J ftrr 
tli e reimburs e men t m ad e try art 
ass oc iation trf producei ' s or- for 
t+re deduction made f r om an 
individual producei ' . 

For pui poses trf t l - i i s 
Gubsei- 1 -..uii , t l - i e cos t savings 
resul t ing from i e>-tjlviii ij m ilk on 
t+re basis trf producer weiglit s 
arrd but te r f dt t c- s t s shall mean 
t-he pr ocessui ' shall acc e pt 
far m t ank wei g ii t t ic]cc;tb> 
ii ' idividual producers and 



bu tt er fa t t es t s resul t ing 



the 
ftrr 

t+re 
from 



t he sampl e d r awn zrt t l ' ie t ii n e trf 
p i c ku p . C o s t savings r e sul t ing 
f I ' om r ecelving milk ort a uniform 
basis sliall me an t lia t t+re 
pi ocessor shall acc ept milk cm a 
regular basis a+ agr ee d t imes trf 
del ivery s e \ 'e n days per w e ek; 
y i Kj \/ id^Uf si'i ipment s from 

individual producers may be ort 
an every o t her day d e l iv e ry 
basis . 

.050 9 riNANCIAL RCGPON S IDILITY 

¥mi HihK RCCCIVCD 

B¥ &yfcK TANKER 

A 1 ic e ns e d milk 

dis t ribu t or shall be financially 

responsible . zrs deteiiiiined by 

sucli dis tr ibu to r ' s m o n t hly 

u t ilizat ion ■ ftrr eacli pro du c er ' s 

milk received fnrm a -fann bulk 

tank by -Hre dis t r ibu tor trr irbs 

agen t err e mpl o yee . in t+re 

absenc e trf a wi it ten con t rac t o-r 

t he hauler and 



• ■ ' ■ • ecn 
t+re pro ducer ( copy trf whi c h 
be xm file witli the commission ) 



a c on t rac t 
■ independen t 
de e med -t-o be 

dio t r ibutor . 



:omi i iis; 
It juler trr an 

iTJuler slaall be 
t+re agen t trf th e 
p rovided , t ha t any 
wi tiil i; 2r& t+ays 
af tc ' L ' "Hre pronulgat ion trf t hi s 
Regula t ion ( or wi t liin +0 days 
af t er any cuiiti. act i-s liei eaf tcr 
made with a haul er ) ■ itray 
pet it ion t h e commission ■ftrr a 
hearing -bo de t er mij ' i e whe t he r t+re 
haul er -rs in fac t t li e ag e n t o-f 
t he dis t r ibu t or . Hotliing iier e in 
con t ained shall p r even t t+re 
distribu t or -fr-OTTi r e quiring t+re 
hauler ( 1 ) t-o o b t a in insuran ce ■ 
( 2 ) ±-o pos t b o nd . trr ( 3 ) ttj 
agiee -try sav e the dis t r ibu t or 
iTair . il e ss f ro m any l o s s im 
connec t i o n v ;i t h t he liandl ing trf 
said milk ; bu t rro such agreemen t 
shall rel iev e t+rc dis tr ibu t or 
f I uiM i t s 1 iabil ity t-o t+re 
p r u d u c e i. ' im t+re e v ent t+re hauler 
trr h-rs insurer fails te pray t+re 
produc e r fTrr said loss . 
Hbtrre milk irs received 
f 1 oMi a producer ' s ■fann t ank and 
t raiTspor t ed txr mark et by a 



produc e r coop e rativ e assoclat ion 
whicli -TS ntrt a lic e nsed milk 
dis t r ibutor , t lie assoclal iuu 

sliall be financially respuiisible 
■tro t h e pro duc e r for said milk 
un t il t+re m ilk -rs received by a 
liceiised m ilk dio tributoi . 

■0510 CGTADLISHMCNT &F 
rR O DUCC R ' S BASES 
( a ) P ro ducer bas e s shall 
be e s t abl ished eacli year -in 
accoi daiTce wi t h t he f ollowiiig 
rules ■ 

-H-)- Bas e Building P e r iod . 

The base building period 
sl ' iall be September t hr u ugli 
De c emb e r each y e ar , ex cep t 
ftrr any gro u p trf producer s 
ftrr wliom a diff e rent base 
building per iod bas been 
approved by t+re Hii^ 

Commission . The coinuilssloii 
vjill , I ' lowever , give 

considera t ion -to a dif f ei eiit 
bas e building per iod 

proposed by any group trf 
pi. oducer s provided s uch 

re q ues t irs received by t h e 
com mission a+ l e as t +& 
moi ' itl ' is prior trr -tbe 

e ffec t iv e da te trf such 
proposed per iod . 
( ' 2 ) Determina t ion trf Av e rage 
Daily Bases . Te compu t e t+re 
average dail y bases , divide 
t+re tot al p o unds trf milk 
re c e iv e d by a dis t ribut o r 
1 r oiii each ._j loducer for the 
bas e f o rmin g pe r i o ds ■in 
effe ct by -the number trf days 
( f 1 om t he firs t tiay o-f 
del ivery d ur ing such base 
building pe r i o d t-o t+re las t 
da y inclusive ) bu t rrtrt less 
tlian 9+ days . Tliis 9-1 — day 

r equiremeiT t does no t apply 
t-o a new producer 

es t abl ishing a base und er 
t+re pi o visioiis set for t h -ftrr 
nev? p roducers but appl ies 
only te c.:: t ablish e d bas e 
liolding producers wli o a re 
trff t+re mar]:e t f o r a period 
trf t-ime d ur ing t lie base 
building pe r iod . 

The bas e ■fo-r a produc e r 
w h o del iver s cm an ev e ry 
ot l - i cr thry d:. ' l ive r y scltedule 
shall be compu t ed by using 
■Htc tot al number trf days in 
t-he p e r i o d calculated ■frcrm 
t-he f ir s t day trf del ivery trf 
such p ro ducer but rrtrt less 
T Jian zrT uay s . 
■f5+ D eterm ina t ion erf Bas e 

and Cs t abl ishin g 1+se trf 
Three — Yea r Average . The 

ba-re fnrr 1 9 02 sliall be 
c omputed in accordanc e wi t h 
t-he rul e s in effec t at t+re 
t-rme trf cumputal luii . 

Effec t ive wi t h tbe 

computa t ion trf bases f^rr 



154 



NORTH CAROLINA REGISTER 



1 9 03 jmtl ■ftyr subs e quen t 
years, -th* av e ra ge daily 
Laae fxrr e ach produc e r shall 
ire -Hre simpl e av e rage trf -Hre 
daily trws« e arn e d or -thtr 
daily av e rage allocated to a 
produ ce r -in accordai ' ice wi t li 
tlie provisiojis o u t lin e d -in 
t l^is Subsection -frrr t+re 
tliree bas e building periods 
immediately pr ecedinc| . 

in zmy year , t+te 
ina.\imun i j in oun t trf commission 
bas e wliich csn bt» e arn e d -im 
a given y e ar by a pi oduinjr 
under the t hre e year moving 
plan irs +5 p e r ce n t unleso a 
plan t obtains appr o val :h-om 
th« commission to announce a 
high e r percentage aft e r 
showin g thirt more milk -irs 
needed for i t s plan t . Guch 
1 eques t i i iust bo filed not 
la t er t han March + -for t+re 
following fall base building 
per iod , ot h e rwi se t+to above 
maximum will prevail . 

Whe n t+re computa t ion of 
base -for a p r o du cer r e sul t s 
Tn a base for the next year 
wliich exceeds ++5 per ce n t or 
thtj specif i>jd percmita g e o^ 
t+re base for t he pi i: : viouij 
year , ttre bas e his t ory for 
all t l ' iie e years shall be 
adjust e d to 1 1 5 p c iccn t or 
t h e specified percen t age of 
t+re bas e for t+re previous 
year . 

-f4-)- Excep t ion . Thi s me t liod 
of e s t ablishin g bas e s shall 
ap p ly uniformly to aii 
produc e rs excep t such groups 
of pr o duc er s for wliich a 
special ba s e p lan or m et h o d 
of e s t abl i s hing bas es htrs 
b ee n approv e d by t+re 
commission . 

-(-5^ Ti ansf er of Cs t abl ish e d 
Bases between Plants . A 
pr o duc e r t ransfer! ing from 
o n e plan t to ano t her s hall 
hav e t+ro righ t to t ransfer 
t+re bas e cui rently -in effec t 
fT^r h-rs he r d alth o u g h t+to 
base building p eri o ds may 
vary between t+re two plants . 
Immediately upon traiisfer ■ 
th e bas e building p e ri o d -in 
effect -for t+re plant to 
which a producer t ransfers 
sliall irs t h e bas e buildin g 
period f or srrc+t pr o duc e r . 

4^r+ Filin g of Bases vjith 

C o mmissi o n and No t ic e to 
Individual Producers . Gn or 
b e for e t he 2S t h day of t h e 
mon t li f o ll o v;ing th e end trf 
t he base building pe r iod 
each year , every dis t ribu t o r 
sl - iall fiio w-rth t+ro Hiciii 
Cominissioi. a comple t e r e cord 
of t+tc rrrriTrc and addr e ss of 
e a c h pi uUucei and t+re base 



e s t ablish e d in a cee rdaiii- e 

wi t h th« provisi o ns as 

outlined . ft+ the time of 

t+re firs t p aym e nt under t+re 

now base , or prior t hereto , 

e ach dis t ributor shall 

notify e ach producer of t+te 

dail y base e stablished -r 

■fir+ Cs t abl ish ir ieiit of a 

Base for a Now Producer . Tho 

es t abl ishment of a bas e for a 

new producer wh o entei s or has 

en te red t+re marke t af te r Jun e +-r 

1 J G I f and wrio meets the 

qualifications ou t lin i jd -in this 

Gubs e c t ioii shall bo calculated 

unde r t he following plan ■ 

Firs t Month 

No Base 
Second Mon t h 

55^ o* firs t 

mon t h deliv e ri e s 
Thi r d M o n t h 

&&^ of firs t and second 

month delivei ies 
Four t h Month 

75 >i of first , second 

and t hird month 

Fif t h Mon t h 
100): of firs t four 
m o n t hs deliveries 

A daily averag e shall b« 
co m pu t ed by dividing t+re 
d e liveries fay t+re number of &sys 
im t+re period . Apply to t his 
computed daily bas e t+ro above 
per ce n t which -rs applicable -in 
order "to arrive at- t h e daily 
base which will apply for a 
p ar t icula r month . Provided, 
I ' lovjever , a base es t ablished -in 
acc o rdance with t h e above plan 
shall n ot exceed 3.000 pounds 
per day for pr oducer s v/ho 
commence building base und e r 
this Rul e af t er Jun e 9-t 1 97C . 

T h e base e s t abl ished -for 
a n e w pi oducer unde r t liis Rul e , 
siiall bo coiisidei ed the bas e for 
such producer until he lias mad e 
f ui t her deliveri e s under t+re 
followin g circu TT .stanc e s ■ 
CI) For a producer 

e stablishing base und e r t he 
t lire e year moving av e rage , 
t+re base buil t und e r the new 
producer i ule shall bo 
considered t+re firs t year 
liis t ory . Af t er making this 
c o mpu t a t i o n , -i-f a producer 
del i V e r s 9-+ days or more 
dur ing t+rc regular bas e 
building period t+to 
deliv e ries t lius made shall 
bo us e d to c ompu te a s eco nd 
yoar his t ory whi c h will bo 
averaged with t+re his t ory 
es t ablish e d for the firs t 
year and sucli base sliall 
remain -in e l f eet un t il t+to 
produc e r htrs deliv e red 



NORTH CAROLINA REGISTER 



155 



tlii ' uugh a full bas e making 
puj. lod ■ After a producer 

hrs d e liv e red tl ' irougli t+rc 
I ' l e x t full bas e making 

p e l lod . t+te d e liveri e s slull 
be us e d t-o d ete rmii - i e "t+re 
third y e ar lii&toi y wliicli 
will b« av e i ay ed w i t h tr+re 
pi loi t wo liis t ori e s tro 

de tei mil ^ l e t h e n e x t bas e •ftrr- 
such producer . All 

subsequen t bases shall br: 
compu t ed im accordance wi t h 
t h e provisions irt e ffec t f or 
all o t her producers . 
( 2 ) For 3 producer sl ' iipping 
ttj a plan t under a special 
base plan , t he base computed 
under the new produce r 
provision sliall be 

considered t iie firs t year- 
history ftrr s uch producer 
arrd shall remain -in effec t 
un t il sucli producer sliips 9-1- 
days or mrrre duj. Ijiy a 
regular bas e building 

period . aft e r I ' lav iiiy mad e 
thtr com p u t a t ion for t l ' ie 
f ii st base . Th s nex t bas e 

■frrr a produce r under a 
special base plan s hall be 
im 



accordance 
v;i t h tl ' ie provisions o-f sucli 
plan ■ 
■(-3-)- iTj qual if y -try build bas e 
under t It i s provis ion , a 
producer mus t pe t i t ion t+rc 
commission -in wri t ing at: 
least 5^ d-ay^ pr i or try t+re 
dat e he desii es ■bo coi i imence 
building bas e and pi ovide 
inf ormat ion wl ' iicl ' i will sh o v) 
t l ' iat :,ucl ' i pr oducer lias rttrb 
been a base holde r trr ac t ivc 
pool par t ic ip ant ort arrjr 
mark e t for a period irf zr6 
mon t hs and tlia t such 

produc e r du r ing t+ri-s 56 
mo n t h peri o d had less t+ran 
o n e p e r cen t 

e i t h e r directly 



indirec t ly , 
officer o-r 
corpora t ion , 
deb b u r 



o-r 
nor rias been art 
dir e c t or o-f a 
nor I'las I'lad a 
ox cr e di t or 

relationsl ' iip -rn arty o t l ' icr 
daii ' y op e ra t ion arrd i i . Jst 
fur tlier c ert if y t^ra-t t-he 
pro p os e d n e w o p er a t ion irs 
not -xn cooper at ion w it li a 
previous bas e holder wh o 
could no t c e r t i f y t-o t he 
same circumstanc es and irs 
ntrb -irt anyv;ay t-ietl t-o a 
pres e n t G r ade A dairy 



opera t ion . 
Sh o uld irt 
tliat a 
f urnislied 
fraudulen t 



be determined 

li-ii o wln g ly 
iiicor r ec t or- 

liif ornjit. ion -rn 



order 
build 

commission 
r e voke -t+re 



t-o o b t ain 
ba s e , 



ap p r o val t-o 

111 . I - f 1 

vTterr me 

af ter i eview may 

base e stabl isl - ied 



provision arrd 
such producer 
bas e und e r this 



und e r t I ' l 1 s 
disqual if y 
from holdin g 
Rule . 

Af t er a p roducer has been 
approv e d ±X} build bas e under 
t his provisi o n , a producer 
shall havj ; t+re opt Ion o-f 
deslyiia t ii ' ig t+re first full 
mon t l ' i Itis shlpiii e nls are t-o 



^for 



base 



be considered 
building purposes . 
Should a producer 
w+ro irs buil Jiii y bas e under 
t+re new producer rule 

purcl - ias e base, t+re bas e 
e arned under t+re new 

produc e r rule at t+re t ime 
such base irs pur cl ' iased sl ' iall 
be compu te d and b e com e t h e 
bas e earned under t lie rrew 
produ c er r ul e t-o which -Hre 
pur c iias e d base may fa-e 
combined . The por t ion erf 

t-he base earned sliall be 
subj e ct t-o t+re 36 month 
1 imi t a t ion ^rs specified -irt 
( f 2 ( ^ ) o^ -Hris Rule. 
( c ) Ir aiisf er trf Base 



from 
:o m mission 
transfer o-f 
in 



O t h er 

base 

s t att; 



Holding 

S t a t es . Th e 

1 ecognlze t+ro 

for a pi oducer im ano t li e r 

vrf-ro v. ' ill become an ac t ive 

sliipper t-o a Korth Carolina 

plan t , provided ■ t h e state -in 

wiiich liis farm irs loca t ed has a 

1 eciprocal ag-recrnrerrt te ac c ep t 

■the base rr£ art exis t ii ^ i g Nor tl ' i 

Cai ol ii ' ia base h olde r wh o d e sires 

■bo -strirp -t-o a plan t -in t ha t 

st a t e . 

t CI } use OX tJTToC i ± an 
OT- Excep t ions . Tlie producer 

bas e plan as defined im t ! ■ ! i s 
Rule shall be used by all 
distr ibutors and producer groups 
irn es tabl ish c j ii iaiket ing areas 
excep t wliere appr o ^ - al has b e en 
gran t ed by t+re :;ilk Coirimission 
af ter formal i eques t by 

producers or- a pi oducer group t-o 
es t ablish arrd tr:3e a differen t 
base plan or- a fall premium 
plan . (An appl ^ca t ion f or u se 

o^ a differ e n t br.s e plan o-r t+te 
fall premiu m pla"i mtrs+ ij ' iclude a 
cui.iplete copy o-f the plan agreed 
upon fay tl ' i e producers o-r 
pi oduc e r groups . ) 

( e ) Application o-f Produc e r 
Bases . Tli e following rul es 

shall apply t-o t h e base 



e s t abl i s l - . e d 
for all ba s 
( 1 ) Use or 
Bas e fer 
Aii plai ^ its 



producer 



■fxrr each 
pla i is ■ 
Averag e Daily 
Paym e n t Pui poses . 
shall trse -t+re 
daily avrei age irt effec t -fo-r 
individual pr o duc e rs , 

mul t iply ing t ! ■ ! i s aver age 
t imes t+re number o-f days im 
a monthly p aym e n t p er i o d -to 
d e tei miue t+re base ■to be 



155 



NORTH CAROLINA REGISTER 



USCu f Ol' CACll PL' CfuUCCL' f Of 

■the alloca t ion oi class e s 
dm ina such paym e n t p e i:iod . 
-(-24 Adjuatmenb trf Base 

during Paym e nt P e riod . Wh e n 
a piodui^ e v -irs trff t+te mark e t 
durin g a pe riod, -thrr bas e 
ftrr sucli prodm: e r shall bts 
rudui-ed by t+r« numb e r o^ 
days such producer -irs off 
■the marke t -in or d er -to 
det e rmin e tiTe base whicli 
will be used ftrr t his 
producer -tor sucl; paymunt 
period . 
( 3 ) A pr oducer wrio rias 

es t abli^lied a base in any 
maiketinij area -in accordance 
with t h e for e going 
paragraphs trf t his Rule 
shall hav e -the i igh t -to 
re t ain such bas e wli e n his 
daily d e l iv e r i e s tri milk are 
t ransf e rred ttj anotliei 
dis t i ' ibut o r ' .vi t hin any 
marke t ing ar e a . A pr o ducui 
who t ransfers from orre 
distributor -bo another 
distributor dur ing a base 
for m ing period shall have 
his bas e compu te d -from I t is 
to t al deliver ies t-o bo t h, rrc 
all , receiving dis t ribu t ors . 
■f4-> A p roduc er who has 

established a bas e -rn any 

m a r lv et in g area shall be 

en t i t led t-o continue te sliip 

all his milk -to -the milk 

distribut o r wh e ie such bas e 

■is e s t abli s h e d ; pr ov ided ■ 

t+ra-t -the t o t al m ilk 

pi oductiuii . l e ss thtrt 

retained -tov family use , -rs 

delivered regularly and 

meets -the requiremen t s o-f 

tlie 1 ocal and st ate 1 av/s and 

regula t ions . 

■(-5-)- Bas e s establish e d e a c h 

year shall be used for 

alloca t in g classes of milk 

un t il new bas e s b e come 

e ffec t ive . 

( f ) Transf e r o-f Bas e s 

be t ween Producer s an d Loss of 

Base ■ A bas e shall be appl ied 

oi ' ily "to d e liveri e s of milk by 

■the pioducei -for whose accoun t 

m ilk was d e liv e r e d dur ing t+te 

bas e — forming per iud, e x c ep t -tha-t 

bases may be transf e rr e d, c i t li c r 

vfi t li or wi t liout tlie sale of 

ca t tle , under -the following 

condi t ions ■ 

( 1 ) Wlien -the entir e 

bas e -is sold or transferr e d 
to a single pr oducei. ' ; or 
( 2 ) Wh e n a miniinum of 

1 00 pounds of daily bas e is 
s o ld or t ransf er 1 ed to a 
single producer ; provided 
t ha t when a produ c er ' s 
remaining bas e r each e s a 
lev e l of less t han "r^ 
pounds , such base shall t+rcn 



be consid e red his bas e anti 
may be s o ld as a singl e lot ; 
or 
\ o f wiien a uase iS nexci 

join t ly and such joint 
lioldin g is t e rminated, -the 
e ntir e bas e may be 
t ransferr e d or divid e d 
be t iveen -the join t I ' lolder s 
accordin g -to -the ownership 
o-f the bas e ; 
-f^^ A base e stablish e d by 

a new producer as provided 
■for -in t h e se rul e s shall not 
be t ransf e rabl e und er tite 
condi t ions set for tli -in t his 
Rule un t il -the produc e r has 
b ee n an ac t iv e shipper for 
36 cons e cutive months from 
tlie tim e such producer began 
tbe e s t abl ishmen t o-f the 
bas e e xc e p t -in th e e v e n t of 
t otal disabili t y or d e a t h of 
■t+re bas e I ' lolder . Should a 
producer who has e s t abl islied 
bas e und e r this provision 
discon t inue sliipping prior 
■to being activ e for 36 
mon t lis , ■then t li e base for 
such p roduc e r shall e xpir e ; 
-f-5-)- -in aii cases of 

t ransf e r of any bas e , t h e 
owner of tlie base and the 
p erso n acquiring base mtrst 
cc ' i ' t if y -bo the commission as 
■to t lie t ransaction no later 
than -1-5 days following ■the 
effec t iv e da te of -the 
t ransfer ; 
-f6-)- Aii such t ransf e rs 

shal 1 be made -in the 
following manner • 
-fA-)- T r ansfe r Da te s . Bas e s 
s o ld shall be transf er red 
effec t ive -the f iis t day o-f 
tli e month following the 
mon t h -in which a 
t ransac t ion occurs . (For 
exa m ple . i-f a t ransac t ion 
occurs on t he 1s t day, t he 
10 t h or 3 th or 31s t orf a 
month , t he e ffec t iv e da te 
o-f tiaiisi trr will be t he 
firs t of t he following 
mon t h . ) 
-(-fr+ Transf e r of Bas e 

His t ory . Base liistory 
shall be t ransferr e d in 
t he sam e propor t ion as t he 
"bas e -in use" is 
transf e i ' re J . 
( C ) Transfer of Produc t ion 
Credi t s . A produc e r who 
purcliases bas e shall be 
enti t led -to his c omparable 
part of ■the seller ' s 
produc t ion dur ing t h e base 
building pe riod and 
produc t ion credits will be 
t r an s f erted in ■the sam e 
pr opoi t ion as t he "bas e -in 
use" is t ransferr e d; 
-FT-)- Reten t ion of or 



NORTH CAROLINA REGISTER 



157 



Loss trf Bas e . A prrothrccT' 
who has art es tablislied tr a se , 
wliich TS e ligibl e frrc 

transfer , shall tre entitled 
■to r et ain sui-li bas e for- a 
per iod trf +B m o n t h s 

t-oinm e ncing on t+re first day 
trf t+re montli following t+rc 
mon t h dur ing whicli t h e 
pi oducer discon t inue ■ . 

del iver in g milk t-o a Giad e A 
milk p lan t subj e ct t-o th e 
pi o visiuiis ffs outlii ' itd -irt 
t his Subsection . 



■J-f •Hre bas e 
t ransferred 



TS 

during this 

10 niontli period , for bas e 

liis t ory will irs created 
equal -bo t+re base im effect 
wi t hou t regal d a-s t-o wl ' ietiier 
■Hre d e ll vei l a s of t+re seller 
are ab o ve or- below t+re ba se 
■in e ffec t subjec t -to tlie 



following ■ 

Dur ii ^ ig t+re firs t 
■s-irc m o n t hs trf t he 10 mon t li 
period -t+re full bas e and -t+re 
I ' lis t oi y cr e a te d uiidei ' tliis 
Paragraph may be 

t ransferred . Commencing 

with -b+re seventl ' i moi ^ itli a 
base irs r ': ; t ained t+re base 
i ^ ield and t+rc bas e l ^ iis t oi y 
crea t ed trt ■Hre t im e such 



became inact ive 

reduc e d by five 

Coiniriei ' icing 7rrt+t 

i i ioi ' ithi a bas e irs 

held and 

a-t 

producer 

will be 

ddi t i o nal 



producer 

w ill tre 

pel cent . 

t+re +5++t 

re t ained -b+re bas e 

■t+re base I ' listory 

the t ime such 

became inact ive 

r e duced by sn a 

five percen t ftyr a tot al 

r educ t ion trf +-0- pei cei ' it . 

Should a producer fail 
±ro trans fei ' h-i-s base witliin 
t h e alio L ted t ij i ie , "then s uch 
base sl ^ iall become null and 
void . Any produc e r v.' l ' io has 
ceased ■to ship Grad e A milk 
s in c e Dec e mb e r -H- 1 9 73 , 
si ' iall be el igible "to 

transf e r bas e under -the 
provisions vf ■t+rirs 

Paragraph . T+re st ipula t ions 
outlined abov e sltall be 
applicabl e t-o any pro ducer 
now holding inactive base 
and such pi ' oducer sliall ! ■ ! av e 
-+6 m o n t lis fr-om ■the time 

such producer quit producin g 
Grade A milk t-o tr ar;sf er 
bas e und e i ■t+rc provis ions erf 
t his S xibsc'ct ioi ' i . 

T+re provisions of t his 
Subsec t ion siiall be 

appl icable oi ^ ily "to a 

producer w+ro discontinues 
■t+re ship m en t of i ii ilk -to a 
Grad e A milk plan t and sliall 
ITO+ be appl icable t-o a 
pj. oducer wlio t r ansfers a 



par t of his base and r ciaaiiis 
trs an act iv e shipper . 

Any base and base 
liistur y t ransf e rr e d under ' 
t h e pr o V Isions trf ■t+re 

pr e vious iliac tlue base r ules 
shall no-t be ad jus led in 
accor dance witli t his r ev Ised 
Subsect ion ; 
( ) C. Tce p t ion . The 

pi ovibions outl iiied -in t his 
Subs e c t ioi ' i ( f ) shall apply 



t^ 



aid: 



pr uducei s 



excep t 



v. ' liere modified by -the 

p r o visions erf a spec ial base 
plar; apiji uved by ■t+re 

commission ; provided , 

l ^ iov;ever , a comple te or- 

partial t ransfer rr5 base 
s hall be null ai ' td void under 
any or t lie base rules "ix trie 
seller o^ bas e chang e s 
rr ai ke t s ( p ools ) and 

cont Inu e s to shi p milk t-o 
any Grad e A plant wher e ver 
loca t ed and par t icipates -in 
t+re Class i payoff o^f such 
plant any t-rme wi t liin 36 
m o n t hs f lom t+re date of^ ■t+re 
sal e o-f such base , unless 
t+re s e ller o-f base files a 
request witl ' t t+re commisslui ' t 
and shows tl ' iat he has 
purcliased base ■to restore 
bas e ■to -the lev e l o^ t h e 
tot al bas e I ' leld a-t -the ■tiirre 
o-f sal e o-r -the base h e ld -+& 
months pi ior -to sale 

v. ' liicliev e r cr^ liigher . Should 
a p roducer wiro -rs clianging 
nark-jits f ii ' id irt necessary ■to 
reduc e ■the s iz e xr£ his 
Milkin g her d , the commissioi ^ i 
will c o nsider situat ions 
such v^ 1 e t iremc- i i t o-f a 
par tnei ' , illi ' iess , or* o tl ' iei ' 
special c o nsider at ions in 
determining t h e amoun t rr£ 
bas e tha t a producer mus t 
r e a cq ui re . Fur tl ' ier , a 

dist r ibutor and/'' or produc e r 
associa t iun 1 iceiised by ■t+rc 
comi i il:jsi o n sliall no t pool or* 
permi t any milk -to sl ' iar e -im 
t h e Class T payoff which -i-s 
received or* purchias e d frrrm a 
producer w+ro has s o ld his 
base , un t il such p r oduce r -rs 
duly qual if ied -to reen t er 
■t+re marke t in any pool as a 
bas e h o lder under t+re 

provisions uutlii ' ied in t Ti i s 
Subsec t ion . 
■(-g-+ Ca se liar dsliips . 
wi-th ■the cor.puta t ion 



Eff e c t iv e 

of bas e s 

; f f cct on and af ter 



' 1 972, p i u ducci s 



v ; hich tak e 
d-anrrairy 

expel iencing a l o s s -in bas e may 
re c e iv e r el ief a-s provided o-r 
may p e tit ion for special 
cons idera t ion based upon the 
pro \! isi o ns as sp e cified ■ 
( 1 ) A pr o du c e r w+ro 



158 



NORTH CAROLINA REGISTER 



e xp e ri e n ce s a loss in 
tJi.udui: t ion during t h e frasw 
Lulldina per iod shall rrcrt 
hav e hia bws« re duc e d by 
inore Trnm 1 percent The 
f list y e ar such p roduc e r 
e Ap e rl e nc e a a loss -in bas e , 
pr o vid e d the second 

cons e cu t iv e y e a r such a loss 
•rs e xp e ri e nc e d t his 
provision shall nxrt apply . 
VJhen a product^!' has had liis 
bas e calculated a c c or ding to 
t his provision > such 
produc e r is t h e n e ligibl e try 
liav e his basre calcula te d -irt 
accordance with t his 
provision again . 

FurllT e r , t his p rovision 
shall ap p ly tt? aii bas e 
plans now in e ff e c t , 
provid e d t h e r e is no 
provision to r e build th e 
bas e loss excep t as may bxr 
provid e d in plans now in 
eff e ct . 
■f2-)- Wi e n a pioducei > 

whos e base is e stablish e d on 
a t hr e e y e ar moving av e rage > 
has his curren t bas e 
computed und e r the' 
provisions of (g)(1) of this 
Rul e t her e shall bo no 
acr^nstntenx in the base 
hi& to ry for prior years . 
(3 ) Special r e qu e st for 

basa adjus t m e n t may bo mad e 
dir e ct to tho Miik 
Commiiasion wh e th e r such loss 
is abov e or below +& p e rc en t 
bas e d u p on tho following 
circumstances • 
■frM- acts of na t ure b e yond 
t h e con t rol of operator 
su c h as ligli t ning , floods , 
drough t > loss of ca tt l e 
xitto to weather storm, 
pow er failur e , 

electrocutimi, rabies , 
e pidemic diseas e of 
unusual oc curr e nc e , fir e , 
e tc . ; 
(D ) death or s e rious 

illness of t h e 
owner op e rator, or a 
m em b e r of t+re 
owii e i op e ra t or's family 
whos e s e i v ice is e ss e n t ial 
in t+ra dairy o p e ration; 
(C) induction into th e 

arm e d s e rvic e s of a m e mb er 
of th« owner — op e ra t or ' s 
family whose servic e is 
e ssential in the dairy 
operation . 
(4 > Special r e quest for 

bas e adjus tm en t s will no t bo 
considered for e rror s of 
judgment in managemen t and 
t h e normal hazards of dairy 
farming . 
■f5-> in tho consideration 

of any sp e cial i equ e s t fo r 
base adjustmcM ' it , ttre 



commission may vt its 
discr e tion r e f e r such 
r e qu e s t to a produc e r 
commi ttee of tho plant to 
wliich t+re p et i t ion e r ships 
wi t h the r e qu e st t ha t su c h 
commi t t ee r e vi e w the 
peti t ion for adjustm e nt and 
iiiak e a r e comm e nda t ioii to th e 
cu i nmlssion . Guch r e qu e sts 
may bo r e f e rred to the 
executiv e committe e of an 
exist ijig producer 

organization or may be 
referr e d to a sp e cial 
commit tee appointed for such 
p urpos e ■ 

■0511 PLANT RCCORDG 
ANB REPORTS 
(a) Books and R e c o rds 
to be Main t ained . Each 
dis t r ibutor shall zct all t im e s 
ke e p such "Books and Records" as 
will enabl e the commission or 
i t s d e signa te d repr e s e n t ativ e to 
d e t e rmin e accura te ly all 
r e ceip t s , sales , transfers , 
production, and bo t tling 
r e cords, ttse and disposition of 
aii milk and' milk products in 
accordanc e with the au t hority 
v e sted in said commission . 
Thes e r e cords shall includ e 
detailed produc e r payroll 
r ec o rds showing t o t al p r o duc e r 
r ec e ipts, bu tte rfa t t e s t , 
classification , and paym e nt by 
class e s , gross amoun t , all 
d e duc t ions, and charges and net 
payment , and a copy of 
computa t ions used in arriving at 
class e s and allocations of 
c lasses to produc e rs ■ Th e s e 
records shall show the sourc e 
and quan t i t y of ait o t lier milk, 
cream, cond e nsed or powdered 
m ilk ■ Tlie sales records mus t 
include the sales by uni t s, the 
value of e ach group of units , 
showing r et ail and wliolesale 
sales by daily transactions, 
summarized in t o a monthly t o t al . 
A de t ail e d record s hall show aii 
transfers of buttled or bulk 
products sold to otlier 



sold to 
dis t ribu t ors or buy e rs . 

■(-b-)- Repor t s to be 
Filed ■ Each dis t ribu tor shall 
furnish to the commission not 
lat e r than the 1 t h day of e ach 
mon t h on for m s furnished by t h e 
commission a de t ail e d record 
sliowin g the t o t al receipts of 
milk from producers and ot h e r 
sourc e s , aii sales , transfers, 
trse and disposi t ion of inilk 
handl e d in the previous mon t li . 
Guch reports sliall show the 
receipts by classes, bu tte rfa t 
diff e rentials, total dollars 
paid to e ach producer and t o t al 
quantity of dairy produc t s 
manufactur e d. This r ep or t shall 



NORTH CAROLINA REGISTER 



159 



iHcluJ e a compl e t e accounting 
f or aii m ilk r e c e iv e d from 
produc e rs arrd o t h e r sourc e s e ach 
mon t h ■ Th e inf oi uia t ion r e port e d 
mu st b« compiled from re cord*, trf 
■a p e rman e n t na tui e arrd k e p t ort 
fil e by "the dis t ributor . 

•(Tr> Insp e c t ion crf 
Record*. . ¥hv p roc e dur e 

r e garding ■Hre produc t ion o-f 
records by milk dis t r ibutoi & for 
e xamina t ion by representativ e ;. 
o^ t+te Commission -rs as follows . 
( 1 ) AH licens ee s 

will be notifi e d of t+re 
nam e s of Milk Gommissluii 
auditors arrd inv e stigator s 
au t horiz e d trr e xamin e 
distr ibu t or ' s r ecor ds . 
■(-2-)- Each lic e nsee shall 

notify t+re Milk Coiui i' iissiu]i 
vf tli e persons at eacl ' i 
location leaving cus t ody tyf 
arrd autlior iza t ion to p r ovid e 
all records to 
r epres e n t a t iv e s of t+re Milk 
Cummlssion . Tlt e s e persons 
must be normally availabl e 
sinc e no p r ior no t ic e of tho 
inv e s t iga t ion will bo given . 
■(-34 Aii rocords sl ' iall 

be m ad e availabl e forr tbe 
repr e sen t a t ive ' s e xamina t ion 
upon h-rs r e qu e st . Such 
records may include , btrt are 
not r e stricted tor the 
profi t arrd loss or ope ra t iiig 
s t a te m e n t , ledg e rs > and 

suppur lln i j informa t ion such 
as invoices , voucl ' ier s , arrd 
any o t her records or 
documents n e cessar y to 
verify e n t r ies made -in the 
distr ibu lor ' ' s pr of it and 
loss or opera t ing s t a t m e n t . 
( ^ ) Represent at iv e s will 

iiialiitiiiii the confid e n t iali t y 
o-f aii records e xamined . 
Inforiiidt ioji wlii e h -i-s not 
rela t ed to the pur p os e of 
the investigation or 
examina t ion will not be 
roooToedT nor' w ill ajiy 
inf or ma t ion whicli w igh t 
re fl e c t the profi t or* loss 
or financial condi t ion of a 
plan t or company be copied . 
■(-5-)- Wh e n the profi t arrd 

loss or op e rating sta te m e n t 
■i-s e xamin e d, the Milk 
Co m mission repr e sentatives ■ 
prior to the exa m ina t ion of 
the s t a t ement . will sel e c t 
■art least t wo e xp e ns e 

cat e gor ies -in e acli mon t l ' i or 
accounling p e riod whicl ' i may 
be blocked oat along with 
the rrct p r ofi t figur e -for 
sucl ' i mon bli or accounting 
period, -in ord er t ha t the 
ne t profit or loss -for such 
montl ' i or accoun t ing p e r iod 
may not be ai^cer tain e d xn 
lat e r c ompu t al ions . The 



aeeou)i t s approv e d for 
blocking otrt may vary -frorn 
m on t h to month at the 
discr et ion of the 
r ep r e s e n t a t iv e s . 
■(-64 The custodian of the 

r e cords may be preseiiL when 
•the profit -ami loss or 
op e ra t ing statei i ieiiL is b e ing 
e xamin e d . 



■0512 ASGCGSMCNT 
■ta4 For the purpose of 
d e fraying the e xp e nses of the 
Milk Commission t h e r e -is h e reby 
l e vi e d an assessiiient of two 
c e n t s ( 00 . 02 ) per hundr e dw e igh t 
on all milk handled from aii 
sourc e s by the dis t ributor and 
two cents (00.02) per 
1 - iundr e dweigl ' i t on all milk sold 
by produc e rs . Each distributor 
shall pay the ass e ssm e n t levied 
on him and shall d e duct from 
producer paym e nts th e ass e ssmei ' it 

per 



(00.02) 

aii producer 
a±x sucn 
me rmx 



of two c e nts 
I ' lundredw e igl ' i t on 
milk arrd pay 
ass e ssments to 
Commission . 

■fb4 The distr ibutor 
assessmeii t s rm all m ilk s o ld or 
t ransferred to otlier 
dis t r ibutor s wl ' ier e both the 
sl ' iippii ' ig arrd r e c e iving 
dis t ribu t o r are locat e d -in an 
established mar keting area sl ' iall 
be paid by t h e f irs t 
dis t ributor . Milk r e c e iv e d by a 
dis t ributor f r oia sourc e s wh e r e 
no assesbi i' ient by the Milk 
Commission -is ±n eff e c t sl ' iall be 
includ e d im such distributor 
ass e ssmen t . 

-(o-> Aii ass e ssments sliall 
be paid to the Milk Commission 
not 1 at er than the 1 Otn day of 
e ach inontl ' i following the 
del ivery period arrd shall be 
de p osi t ed Immediately in the 
d e signat e d G t ate Depository to 
the Treasurer of Kor t h Carolina 
for credi t ■to the "Milk 
Commission Account . " 

.0513 METHOD OF SETTLEMENT 
(a) On or before the eighth 
working day following the end of 
each month, the Milk Commission 
shall notify all handlers and/or 
cooperatives of the following 
information : 

( 1 ) The announcement of a 

monthly uniform price per 
hundredweight to be paid 



producers 



for 



milk 



classified as Class I and 
Class II allocation. 
(2) The Class I and 

Class II allocation of the 
producer receipts and other 
source milk and the amounts 
due producers in each Class 
after making the pool 



160 



NORTH CAROLINA REGISTER 



computations . 



The 



Conimission shall furnish a 
schedule showing the Class I 
and Class II allocations and 
the amounts due in each 
class ■ 

(b) On or before the 

tenth working day following the 
end of each month, any handler 
or association of producers 
whose net utilization of all 
base holding milk on a 3.5 per 
cent butterfat basis exceeds the 
statewide pool blend prices and 
blend classification, shall make 
payments to the commission as 
computed in Rule ■0512(c) of 
this section. 

(c) On or before the 

twelfth working day following 
the end of each month, each 
handler shall make full payment 
to any association or producers 
for which it has received milk, 
according to the classified 
utilization for each handler at 
the class prices announced by 
the commission. 

(d) On or before the 
twelfth working day 



following 



the end of each month, the 
commission shall pay from the 
settlement fund to any handler 
or association of producers an 
amount which will bring the 
producers of that handler or 
association of producers up to 
the uniform statewide pool 



classification 



and 



uniform 



payment 



to 



producers , 



adjustment shall be made to the 
Class II uniform announced price 
for any differences betvieen the 
announced Class II price and the 
price received for milk sold to 
a non-grade A plant for use in 
the manufacturing of non-grade A 
products . 

(f) Certain handling and 
hauling charges on the sale or 
transfer of bulk milk may be 
deducted by the handler or 
association of producers, after 
receipt of the payoff from the 
pool and prior to settlement 
with producers. The allowances 



charges 



permitted 



outlined below: 

(1) A handling allowance may 
be deducted on the sale or 
transfer of bulk milk 



exceed twenty-five cents 
($0.25) per hundredweight. 
On bulk milk transferred to 
a company operating a non 
grade A plant (herein 



referred 



to 



manufacturing plant) for the 
manufacturing of non-grade A 



products only, 
receiving and 



allowance 



of 



a maximum 
handling 



ten 



cents 



($0.10) per hundredweight 
may be deducted when such 
milk is received in the 
plant of the shipper. 
Further, no handling or 
receiving allowance shall be 
applicable to any portion of 
a bulk transfer which is 
classified as Class II under 
this provision. 
(2) Only the actual additional 
transportation costs may be 

applied to the sale , 

transfer or diversion of 
bulk milk. In computing the 



necessary 



additional 



transportation , 



handler 



prices . 

(e) After receipt of payment 
from the pool and prior to according 



must take into consideration 

the mileage of a diverted 

farm route and the hauling 

already paid by producers in 

arriving at the additional 

transportation costs which 

may be applied. 

(g) On or before the fourteenth 

working day following the end of 

each month, tlie handler or 

association of producers shall 

make payments to producers or 



associations 



of 



to 



the 



producers 



pool 



classification and prices as 
determined in accordance with 
the pooling procedure, after 
making such adjustments as are 
permitted under the provisions 
as contained in subsections (e) 
and (f) of this Rule. 

(h) Each handler or 
association of producers shall 
make such deductions from funds 
owed to a producer as authorized 
by the producer . 

(i) Each handler or 
association of producers shall 
make the necessary adjustments 

to correct niiy error in 

classification or payments to 
producers or associations of 
producers for past delivery 



pen 



ods . 



iAL 



Statement to Producers. 
Each handler or association of 
diverted directly from farm producers shall furnish to each 
routes to a pool plant but producer or association of 
such allowance shall not 
exceed fifteen cents ($0.15) 
per hundredweight. On milk 
received in the pool plant 
and reloaded for sale or 



transfer , 



handling 



allovfance may be deducted 
but such allowance shall not 



prodv 

producers for each delivery 
period of statement in writing 
which may be retained by the 
producer, showing the following: 
(1 ) the identity of the 

handler or association of 
producers , 
(2) the delivery period. 



NORTH CAROLINA REGISTER 



161 



(3) producer base for period, 

(4) butterfat test, 

(5) pounds of milk in each 
class ) 

(6) class prices, 

(7) gross amount for each 
class , 

(8) each deduction made 

by the handler or 

association of producers, 

(9) net amount paid, 

(k) Partial Payments. Upon 
request, a partial payment shall 
be paid to a producer or an 
association of producers not 
later than the last day of the 



del iyery period 



for 



milk 



receiyed during the first half 

of such delivery period. A 

producer's or association of 
producer's request for a partial 
payment shall be honored for an 
amount up to 40 percent of his 
previous month's net utilization 
value computed to the nearest 
one hundred dollars ($100.00); 
provided, a sufficient volume of 
milk has been delivered for the 
first half of the month to 
justify such payment. Further, 
in determining the amount of the 
partial payment to be made, the 
handler may take into account 
assignments and such other 
deductions as are authorized by 
the producer or association of 

producers . A producer or an 

association of producers may 
request that a partial payment 
be made on a regular basis or 
may request a single or limited 
number of partial payments. In 



addit ion 



to 



the 



procedure 



outlined , 



handler or 



association of producers may 
make partial payments to a 
producer or an association of 
producers at such time or times 
and in such amounts as may be 
agreed upon between the two 
parties . 

(1) An Association of 
producers or a business entity 
marketing milk on behalf of 
producers may reimburse handlers 
to whom they sell milk, or a 
processor may make a deduction 
from an individual producer from 
whom milk is purchased, for the 



followinq services 



and 



cost 



savings at the rates listed: 
(1) receiving producer milk 
on the basis of weights 



determined 



from 



the 



measurement at the farm 



five 



cents 



($0.05) 



per 



hundredweight , 
(2) receiving producer milk 
on the basis of butterfat 
tests determined from farm 



bulk tank samples 



five 



cents 



($0.05) 



per 



hundredweight . 
(3) receiving producer milk on 



regular seven day per week 
delivery schedule including 
deliveries on weekends and 

holidays three cents 

($0.03) per hundredweight, 
(4) purchasing milk from an 
association of producers 
based upon a preordered 



specified 



volume for 



minimum daily 



designated 



period of not less than a 

month ; provided . no 

reimbursement shall be made 
on the daily volume of 
deliveries which exceeds the 

specified minimum daily 

volume or on any portion of 
the daily volume v>hen the 
deliveries fall below the 

minimum specified daily 

volume - seven cents ($0.07) 
per hundredweight, 
(5) performing butterfat, 

bacteria and antibiotic 



tests 



for 



individual 



producers or members of a 
producer association - three 

cents ($0 . 03) per 

hundredweight , 
(6) preparing and compiling 
receipts, payrolls, filing 

reports . and preparing 

payroll checks on behalf of 
a business entity marketing 
milk on behalf of producers 
three cents ($0.03) per 
hundredweight . 
(m) Prior to receiving a 

reimbursement from an 

association of producers, and a 
business entit" marketing milk 
on behalf of producers a written 

contract containing the 

provisions specified in (n) of 
this Rule shall have been 
e.xecuted between such handler 
and an association of producers 
and a business entity marketing 
milk on behalf of producers. 
Such e.xecuted contract must be 
filed with and approved by the 
commission . 



Prior to making a deduction 
from an individual producer by a 



handler , 



.'ritten contract 



containing 



the 



provisions 



specified in (n) of this Rule 
shall have been e.xecuted between 
such handler and a producer. 
Such executed contract must be 
filed with and approved by the 
commission . 

The commission shall verify 
that the specified services and 
cost savings as contained in the 
contract are performed for the 

reimbursement made hy. an 

association of producers or for 
the deduction made from an 
individual producer. 

(n) The contract required in 
(m) of this Rule shall contain 
the follo'.ving provisions and 
shall specify the method 



162 



NORTH CAROLINA REGISTER 



utilized for compensation for 
services performed > whether by 
deduction or reimbursement: 
"AGREEMENT REGARDING PERFORMANCE 
OF AND COMPENSATION FOR COST 
SAVINGS 

( 1 ) It is agreed that 

(processor/handler ) will 



perform 



the 



following 



services for or effect the 
following cost savings on 

behalf of the 

(producer/ business ent ity 

marketing milk on behalf of 



producers ) ; 



and 



the 



(producer /business 



entity 



marketing milk on behalf of 

producers ) agrees to 

compensate or reimburse 

(processor/handler) for such 
services and/or cost savings 
at the following rates: 

(A) receiving producer milk 
on the basis of weights 

determined from the 

measurement at the farm 
cents per hundredvjeight , 

(B) receiving producer milk 
on the basis of butterfat 
tests determined from farm 

bulk tank samples z 

cents per hundredweight, 

(C) receiving producer milk 
on a regular seven day per 
week delivery schedule 
including deliveries on 
weekends and holidays 
cents per hundredweight, 

(D) purchasing milk from 

an associat ion of 

producers based upon a 

preordered spec if icd 

m inimum daily volume for a 
designated period of not 

less than a month ; 

provided, no reimbursement 
shall be made on the daily 
volume of deliveries which 

exceeds the specified 

minimum daily volume or on 
any portion of the daily 
volume when the deleviries 
fall below the minimum 
specified daily volume 
cents per hundredvjoight , 

(E) performing butterfat, 



bacteria and 
tests for 



antibiotic 
individual 



producers or members of a 
producer association 
cents per hundredv;eight , 
(F) preparing and compiling 
receipts, payrolls, filing 
reports. and preparing 
payroll chocks on behalf 
of a business entity 
marketing milk on behalf 

of producers - cents 

per hundredweight. 
(2) In no instance shall said 
services performed or cost 
savings so effected by 

(processor/ handler) be 

compensated or reimbursed by 



(producer/business entity 

marketing milk on behalf of 
producers) at a rate which 
exceeds those specified by 
the North Carolina Milk 
Commission Rule 4 NCAC 7 
.0513(1 ) ." 

.0514 FINANCIAL 

RESPONSIBILITY 
FOR MILK RECEIVED 
BY BULK TANKER 
A licensed milk distr ibutov 
handler shall be financially 
responsible, as determined by 
such dis t ributor ' s handler' s 
monthly utilization, for each 
producer's milk received from a 
farm bulk tank by the 
dii.ti.ibu t or handler or its agent 
or employee. In the absence of 
a written contract or agreement 
between the hauler and the 
producer (copy of which must be 
on file with the commission), a 
contract hauler or an 
independent hauler shall be 
deemed to be the agent of the 
dis t ribu t or handler ; provided, 
that any dii. ti Ibu tor handler , 
within 20 days after the 
promulgation of this Regulation 
(or within 10 days after any 
contract is hereafter made with 
a hauler), may petition the 
commission for a hearing to 
determine whether the hauler is 
in fact the agent of the 

Nothing hereiii contained shall 
prevent the di.^t r ibu t or handler 
from requiring the hauler (1) to 
obtain insurance, (2) to post 
bond, or (3) to agree to save 
the distr ibu t or handler harmless 
from any loss in connection with 
the handling of said milk; but 
no such agreement shall relieve 
the distribu t or handler 

from its liability to the 
producer in the event the hauler 
or his insurer fails to pay the 
producer for said loss. 

Where milk is received 
from a member producer's farm 
tank and transported to market 
by a producer cooperative 
association whi c h -irs m± a 
1 ic e ns e d railk dis t ributor , the 
association shall be financially 
responsible to the producer for 
said milk until the milk is 
received by a licensed milk 
dis tr ibu t or handler . 

.0515 ESTABLISHMENT OF CLASS 

I BASES FOR PRODUCERS 
(a) Producer bases shall be 
established in accordance with 
the following rules: 

( 1 ) North Carolina Base 

Holding Producers. To 

Qualify as a North Carolina 
base holding producer such 



NORTH CAROLINA REGISTER 



163 



producer must have held a 

North Carolina Milk 

Commission base on the date 
the pooling rules became 



effective 



and 



must 



be 



shipping to a North Carolina 



regulated 



processor 



association of producers. 



(2) Beginning Base. 
Effective November 1 



1986. 



the base for each North 
Carolina base holder for 
pooling purposes shall be 
the North Carolina Milk 
Commission base then in 



effect for 



producer on 



that day. 
(3) Base Building Period. 

The base building period 

shall be September through 

December each year . 
(^) Determ.inat ion of Average 



Daily Production. 



To 



compute the average daily 
bases. divide the total 
pounds of milk delivered by 
each producer for the base 
building period bv the 
number of davs (from the 
first day of delivery during 
such base building period to 
the last day inclusive) but 
not less th.Tn 91 days. This 
91 day requirement does not 
apply to a new producer 
establishing a base under 
the provisions set forth for 
new producers but applies 
only to established base 
holding producers vmo are 
off the market for a period 
of time during the base 
building period. 

The base for a producer who 
delivers on an every other 
day delivery schedule shall 
be computed using the total 
number of days in the period 
calculated from the first 
day of delivery of such 
producer but no less than 91 
days . 
(5) Total Base Requirements. 
The total daily base to be 
in effect shall be the daily 
average of the Class I sales 
of the pool plants for the 
months of September, October 
and November the previous 



calendar 



year 



plus 



12 



percent . 
(6) Base Determination for 

1987. After determining the 



total base requirements for 
1987, this requirement shall 
be related to the total 
production for all pooled 
producers to determine the 
percentage of base to be 
allocated . 

After determining the 
percentage of base to be 

allocated . multiply the 

averge daily production of 



each producer bv this 
percentage to determine his 
base for 1987. 
(7) Determination of Base for 
Subsequent Years. For 1988 
and subsequent years the 



total 



base 



requirements 



shall be determined and this 
total base requirement shall 
be allocated to existing 
base holders as a percentage 
of the previous years base 
provided the new base cannot 
e.xceed the average 



product ion 



for 



such 



producer . 



allocated 



Any 



base not 



shall 



be 



reallocated 



to 



other 



producers 



7ho 



have 



additional production to 



such 



allocation , 



This 



a llocat ion 



process 



shall be followed whether 
bases are increased or 
decreased . 

(8) On or about the fifth 

day of the second month 
following the end of each 
base period, the Executive 
Secretary shall determine 
and notify each producer of 
the amount of daily market 
base earned during the base 
period . 

(9) Base Listing. Each 
producer's base shall be 
established only in the 
name(s) of •^he individual ( s ) 
or in the corporate name of 
the ownerts) of the herd 
with whicii the base is 
earned and each handler 
shall report all deliveries 
and maint.-'.in all records 
relating to each producer's 
settlement in the name(s) in 

vjhich the base is 

establ ished . 



(b) Qualifications and 
Establishment of Base for a New 
Producer . 



(1) Qualifications. The 

establishment of a base for 
a new producor who enters or 
has entered the market after 
June 1 . 196 I ■ and v;ho meets 
the qiial if int ions outlined 
this subsection shall be 

calculated under the 

following plan; 

First Month 

No Base 
Second Month 

25 percent 

of first month's deliveries 



Third Month 






50 percent 






of first and 


second 


months ' 



geliv erics 

Fourth Month 

75 percent 

of first ■ second and third 
months' deliveries 



164 



NORTH CAROLINA REGISTER 



Fifth Month 
TOO percent 
of first 



four months' 



deliveries 

A daily average shall 
be computed by dividing the 
deliveries by the number of 
days in the period. Apply 
to this computed daily base 
the above percent which is 
applicable in order to 
arrive at the daily base 
which will apply for a 
particular month. Provide, 
however r a base established 
in accordance with the above 
plan shall not e.xceed 3,000 
pounds per day for producers 
who commence building base 
under this Rule after June 
7, 1976. 



The base established for 
a new producer under this 
Rule, shall be cons -. dered 
the base for such producer 
until such producer delivers 
through a regular base 
building period. 
(2) Base for a New Producer. 
To qualify to build base 
under this provision, a 
producer must petition the 
commission in writing at 
least 30 days prior to the 
d ate he desires to commence 
building base and provide 
information v>hich vjill show 
that such producer has not 
been a base holder or active 

any 



pool participant 



market for a period of 36 



months 



and 



that 



such 



producer during this 



36 



month period had less than 
one percent ownership , 



either 



directly 



irdirectlv nor has been an 
officer or director of a 
corporation, nor has had a 



debtor 



creditor 



relationship in any other 
dairy operation and must 
further certify that the 
proposed new operation is 

not in cooperation with a 

previous base holder vjho 
could not certify to the 
same circumstances and is 
not in anyway tied to a 

present Grade A dairy 

operation . 

Should it be determined 
that a producer knowingly 

furnished incorrect or 

fraudulent information m 
order to obtain approval to 

build base ■ then the 

commission after review may 
revoke the base established 
under this provision and 
disqualify such producer 
from holding base under this 
Rule . 



After a producer has 
been approved to build base 
under this provision, a 
producer shall have the 
option of designating the 

first full month his 

shipments are to be 

considered for base building 
purposes . 

Should a producer who 
is building base under the 
new producer rule purchase 
base, the base earned under 
the new producer rule at the 
time such base is purchased 
shall be computed and become 
the base earned under the 
new producer rule to which 
the purchased base may be 

combined . The portion of 

the base earned shall be 
subject to the 36 month 

1 imitat ion specified in 

(q) (4) of this Rule. 

(c) Transfer of Base Holding 
Producers from Other States or 

Federal Order Markets. The 

Commission will recognize the 
transfer of base for a producer 
in another state or federal 
order market who has established 
such base under the state or 
federal order regulations in 
effect in such state or market, 
provided such producer will 
become an active shipper to a 
North Carolina handler or 

associat ion or producers . 

Further ■ the base to be 

transferred sh.ill be adjusted to 
conform with " he manner bases 
were computed tor the producers 
already in the pool . 

(d) Use of the Base Plan. 

The producer base plan as 
defined in this Rule shall be 
used by all handlers and 
associations of producers in the 
established marl:oting area, 
(c) Application of Producer 

Bases . The following rules 

sliall anplv to the base 

established for each producer: 
t 1 ) Use of Average Daily 

Base for P-j-'ment purposes. 
All handlers or associations 
of producers shall use the 
daily ar^erage in effect for 

individual producers . 

multiplying this average 
times the number of days in 
a monthly payment period to 
determine the base to be 
used for each producer for 
the allocation of classes 
dviring such payment period. 
(2) Adjustment of Base 

during Payment Period. When 
a producer is off the market 
during a period. the case 
for such producer shall be 
reduced by the number of 
days such producer is off 
the market in order to 



NORTH CAROLINA REGISTER 



165 



determine the 



base which 



wiil 



be 



used for 



this 



producer for such payment 
period . 
(3) A producer who has 

established a base in 



accordance 



with 



the 



requirements of this Rule 
shall have the right to 
retain such base when his 
daily deliveries of milk are 

transferred to another 

handler viithin any marketing 

area . A producer who 

transfers from one handler 
or association of producers 

to another handler or 

association of producers 
during a base forming period 
shall have his base computed 
from his total deliveries to 
both, or all, receiving 
handlers or association of 
producers . 
(4) A producer who has 

established a base in any 



marketing area shall 



be 



entitled to continue to ship 
all his milk to the handler 
or association of producers 



v;here 



;uch 



base 



established: provided. that 
the total milk production. 



less 



that 



retained 



for 



family use , 



is delivered 



regularly and meets 



the 



requirements of the local 



and 



state 



laws 



and 



requlat ions . 
(5) Bases established each 

year shall be used for 
allocating classes of milk 



unt il 



bases 



become 



effect ive . 
(f) Transfer of Established 



Bases 



between 



Handlers 



and 



Associations of Producers. A 

producer transferring from one 
handler or an association of 
producers to another shall have 
the right to transfer the North 
Carolina base currently in 
effect for his herd. 

(g) Transfer of Bases 
between Producers and 



Loss of 



Base. A base shall be applied 
only to deliveries of milk by 
the producer for v/hose account 
milk was delivered during the 
base-forming period, e.xcept that 
bases may be transferred, either 
with or without the sale of 
cattle, under the following 
condit ions : 

(1 ) When the entire base is 
sold or transferred to a 
single producer: or 
(2) VJhen a minimum of 100 

pounds of dnily base is sold 
or transferred to a single 
producer; provided that when 
a Tiroducer's remaining ba'se 
reaches a level of less than 
100 pounds, such base shall 



then be considered his base 
and may be sold as a single 



lot; or 
(3) When a base is held 
jointly and such 



joint 



holding is terminated, the 
ent ire base may be 



transferred 



divided 



between the joint holders 
according to the ownership 
of the base ; 
(4) A base established by 

a new producer as provided 



for in these rules shall not 
be transferable under the 
conditions set forth in this 
Rule until the producer has 
been an active shipper for 
36 consecutive months from 
the time such producer began 
the establishment of the 
base e.xcept in the event of 
total disability or death of 



the base holder . 



Should a 



producer vjho has established 
base under this provision 
discontinue shipping prior 
to being active for 36 
months, then the base for 
such producer shall expire; 
(5) In all cases of transfer 



of any base, the owner of 
the base and the person 
acquiring base must certify 
to the Commission as to the 
transaction no later than 15 
days following the effective 
date of tlie transfer; 
(6) All such transfers shall 
be made in the following 



manner ; 

(A) Transfer Dates, 



Bases 



sold shall be transferred 
effective the first day of 
the month following the 

month in which a 

transaction occurs. (For 
e.xample. if a transaction 
occurs on the 1st day, the 
10th or 50th or 31st of a 
month, the effective date 
of transfer will be the 
first of the following 
month . ) 
(B) Transfer of Base 

History . Base history 



shall be transferred in 
the same proportion as the 

"base in use" is 

transferred . 
(C) Transfer of Production 
Credits. A producer viho 
purchases base shall be 
entitled to his comparable 
part of the seller's 
production during the base 

building period and 

production credits vfill be 
transferred in the same 
proportion as the "base in 
use" is transferred; 
(71 Retention of or Loss 

of Base. A producer who has 
an established base, which 



166 



NORTH CAROLINA REGISTER 



is eligible for transfer, 
shall be entitled to retain 
such base for a period of 18 
months commencing on the 
first day of the month 
following the month during 

which the producer 

discontinues delivering milk 
to a Grade A milk plant 
subject to the provisions as 
outlined in this subsection. 

If the base is transferred 
during this 18-month period, 

for base computation 

purposes a base history will 
be created equal to the base 
in effect without regard as 
to whether the deliveries of 
the seller are above or 
below the base in effect 
subject to the following: 

During the first six 
months of the 18-month 
period the full base and the 
history created under this 

Paragraph may be 

transferred . Commencing 

with the seventh month a 
base is retained the base 
held and the base history 
created at the time such 

producer became inactive 

will be reduced by five 

percent . Commencing with 

the 13th month a base is 
retained the base held and 
the base history created at 
the time such producer 
became inactive will be 
reduced by an additional 
five percent for a total 
reduction of 10 percent. 

Should a producer fail 
to transfer his base within 
the allotted time, then such 
base shall become null and 
void. Any producer who has 
ceased to ship Grade A milk 
since December 1, 1973, 

shall be el igible to 

trans fer base under the 



provisions 



of 



this 



Paragraph. The stipulations 
outlined above shall be 
applicable to any producer 
now holding inactive base 
and such producer shall have 
18 months from the time such 

producer guit producing 

Grade A milk to transfer 
base under the provisions of 
the subsection. 

provisions of t his 



The 
subsect ion 



shall 



be 



appl icable only to a 

producer who discontinues 
the shipment of milk to a 
Grade A milk handler or 
association of producers and 
shall not be applicable to a 
producer who transfers a 
part of his base and remains 
as an active shipper. 
Any base and base history 



transferred under the 

provisions of the previous 
inactive base rules shall 

not be adjusted in 

accordance with this revised 
subsect ion . 
(8) Exception. The 

provisions outlined in this 
Subsection (g) shall apply 
to nil producers provided, 
however, a complete or 
partial transfer of base 
shall be null and void under 
any of the base rules if the 
seller of base changes 

markets (pools ) and 

continiies to ship milk to 
any Grade A handler or 
association of producers 

wherever located and 

participates in the Class 1 
payoff of such handler or 
association of producers 
anytime within 36 months 
from the date of the sale of 
such base, unless the seller 
of base files a reguest with 
the commission and shows 
that he has purchased base 
to restore base to the level 
of the total base held at 
the time of sale or the base 
held 12 months prior to sale 
whichever is higher. Should 
a producer who is changing 
markets find it necessary to 
reduce the size of his 
milking herd, the commission 
will consider situations 
such as retirement of a 
partner, illness, or other 
special considerations in 
determining the amount of 
base that a producer must 

reacquire . Further, a 

handler and/or producer 

association licensed by the 
commission shall not pool or 
permit any nilk to share in 
the Class I payoff which is 
received or purchased from a 
producer who has sold his 
base, until such producer is 
duly qualified to reenter 
the market in any pool as a 

base holder under the 

provisions outlined in this 
subsection . 
(h) Base Hardships. 
Effective with the computation 
of bases which take effect on 
and after January 1, 1972, 
producers experiencing a loss in 
base may receive relief as 
provided or may petition for 
special consideration based upon 
the provisions as specified: 
( 1 ) A producer who 

experiences a loss in 

production during the base 
building period shall not 
have his base reduced by 
more than 1 percent the 
first year such producer 



NORTH CAROLINA REGISTER 



167 



experiences a loss in base. 

provided the second 

consecutive year such a loss 

is experienced this 

provision shall not apply. 
When a producer has had his 
base calculated according to 

this provision , such 

producer is then eligible to 
have his base calculated in 



accordance 



with 



thi: 



provision again. 
(2) Special requests for 

base adjustment may be made 



direct 



to 



the 



Milk 



Commission whether such loss 
is above or below 1 percent 
based upon the following 
circumstances : 



(A) acts of nature beyond 
the control of operator 
such as lightning, floods. 



drought . 



loss of cattle 



due to vjeather, storm. 



power 



failure . 



electrocut ion , 



rabies , 



epidemic 



disease 



of 



unusual occurrence. fire, 
etc ■ ; 

(B) death or serious illness 

of the ov;ner-operator , or 



member 



of 



the 



owner -operator' s family 

whose service is essential 
in the dairy operation: 
(C) induction into the 

armed services of a member 
of the owner-operator's 
family whose service is 



essent ial 



the dairy 



operat ion . 

(3) Special requests for 

base adjustments vjill not be 
considered for errors of 
judgment in management and 
the normal hazards of dairy 
farming . 

(4) In the consideration of 
any special request for base 



association of producers shall 
at all times keep such "Books 
and Records" as will enable the 
commission or its designated 
respresentat ive to determine 
accurately all receipts, sales, 
transfers, production, and 
bottling records, use and 
disposition of all milk and milk 
products in accordance with the 
authority vested in said 
commission. These records shall 
include detailed producer 
payroll records showing total 
producer receipts, butterfat 
tost, classification, and 
payment by classes, gross 
amount, all deductions, and 
charges and net payment, and a 
copy of computations used in 
arriving at classes and 
allocations of classes to 
producers. These records shall 
show the source and quantity of 
all other milk, cream, condensed 
or powdered milk. The sales 
records must include the sales 
by units, the value of each 
group of units, showing retail 
and wholesale sales by daily 
transactions, summarized into a 
monthly total . A detailed 
record shall show all transfers 
of bottled or bulk products sold 
to other dis t r ibu t ors handlers 
or buyers . 

-H74 Repor t s t-o be filed . 
Cjch distribu to r shall furnish 
t-o tli e commission no t la te r t han 
■Hre 1 t h da y xrf e ach mon t h on 
for m s f uiiiii^iic ' d by t+re 
commission a uu tailed r e cord 
sl - ioviin g t+re t c l ji 1 r e c e ip t s trf 
milk from producers and other 
^.^uixes . all sales , li aiisf ei s , 
us e an d disposi t ion trf milk 
liandl c d -rn ++re previous month ■ 



StrtH- 
rc - c c i pt s 



r epiir t s 

by c la 



rrrc-s-r 

b o t al 



adjustment, the commission diff e ren t ials ■ 

may at its discretion refer paid "to e a c h prcducer 

such request to a producer 

com.iittoe of the association 

of producers or processor to 

which the petitioner ships 

with the request that such 



committee 



the 



petition for adjustment and 
make a recommendation to tlie 
commission . 



may 



be referred 



Such requests 



to 



the 



e.xecutive committee of 



exist ing 



organizat ion 



producer 



referred 



may 



be 



to 



spo 



c ial 



committee appointed for such 
purposa . 

.0516 PLANT RECORDS AND 

INSPECTION OF 
RECORDS 
(a) Books and Records 
to be Maintained. Each 
dis t ributor handler or 



hall sliow t he 
bu tte rfa t 
dollars 
jtrtd t o t al 
qu^uiit Ity erf daity produc t s 
manuf ai-tui ' ed . Tliis repor t sliall 
in c lude a comple t e a>-count iii g 
•for srH: milk received fr o m 
producers and o t her sources each 
rion t h . Tire iuf 01 .na t ion repor t ed 
mu st: ire c om pil e d f rum records tr£ 
a pel manen t na t ur e and kep t ort 
fil e by the dis t ribu t or . 

■f-c-)- (b ) Inspection of Records. 
The procedure regarding the 
production of records by milk 

dis t ributors handlers or 

associations of producers for 
e.xamination by representatives 
of the Commission is as follows: 
CI) All licensees will be 

no+ified of the names of 
Milk Commission auditors and 
investigators authorized to 
examine di str ibu t or ' s 
handler's or associations of 
producer's records. 



168 



NORTH CAROLINA REGISTER 



(2) Each licensees shall 
notify the Milk Commission 
of the persons at each 
location having custody of 
and authorization to provide 
all records to 
representatives of the Milk 
Commission. These persons 
must be normally available 
since no prior notice of the 
investigation will be given. 

(3) All records shall 

be made available for the 
representative's e.xamination 
upon his request . Such 
records may include, but are 
not restricted to, the 
profit and loss or operating 
statement, ledgers, and 
supporting information such 
as invoices, vouchers, and 
any other records or 
documents necessary to 
verify entries made in the 
dis tr ibu to r ' s handlers or 
associations of producers 
profit and loss or operating 
statement . 
Representatives will 

maintain the confidentiality 
of all records examined. 
Information which is not 
related to the purpose of 
the investigation or 
examination will not be 
recorded, nor will any 
information which might 
reflect the profit or loss 
or financial condition of a 
plant or company be copied. 

(5) When the profit and 

loss or operating statement 
is examined, the Milk 
Commission representatives, 
prior to the examination of 
the statement, will select 
at least two expense 
categories in each month or 
accounting period which may 
be blocked out along with 
the net profit figure for 
such month or accounting 
period, in order that the 
net profit or loss for such 
month or accounting period 
may not be ascertained in 
later computations. The 
accounts approved for 
blocking out may vary from 
month to month at the 
discretion of the 
representatives . 

(6) The custodian of the 
records may be present when 
the profit and loss or 
operating statement is being 
examined . 

.0517 ASSESSMENT 
(a) For the purpose of 
defraying the expenses of the 
Mlk Commission there is hereby 
levied an assessment of two 
cents ($0.02) per hundredweight 



on all milk handled from all 
sources by the distributor 
(handler) and two cents ($0.02) 
per hundredweight on all milk 
sold by producers . Each 
distributor ( handler ) shall pay 
the assessment levied on him and 
shall deduct from producer 
payments the assessment of two 
cents ($0.02) per hundredweight 
on all producer milk and pay all 
such assessments to the Milk 
Commission . 

(b) The distributor 

(handler ) assessments on all 
milk sold or transferred to 
other distributors (handlers ) 
where both the shipping and 
receiving distributor (handler ) 
are located in an established 
marketing area shall be paid by 
the first distributor (handler ) . 
Milk received by a distributor 
( handler 1 from sources where no 
assessment by the Milk 
Commission is in effect shall be 
included in such distributor 
( handler ) assessment . 

(c) All assessments shall 

be paid to the Milk Commission 
not later than the 18th day of 
each month following the 
delivery period and shall be 
deposited immediately in the 
designated State Depository to 
the Treasurer of North Carolina 
for credit to the "Milk 
Commission Account". 

TITLE 10 - HUMAN RESOURCES 

Notice is hsreby given in 
accordance with G.S. 150B-12 
that the Division of Health 
Services intends to adopt and 
amend regulations cited as 10 
NCAC 7A .0101; 10 NCAC 7A .0401; 
10 NCAC 7B .0102, .0103, .0212, 
.0335, and .0406; 10 NCAC 1 OA 
.0306, .0307, .0448, .0507, 
.1003, and .2205; 10 NCAC 1 OA 
.1954; 10 NCAC 1 CD .0702, .1005, 
.1616, .1625, and .2512; 10 NCAC 
10F .0001, .0002, .0029, .0030, 
.0031, .0032, .0033. .0034, 

.0035, .0039, and .0041; 10 
NCAC 11 .0705; 10 NCAC 12 .0236 
and .0239. The purpose of the 
proposed regulations is to 10 
NCAC 7A .0101 updates the list 
of reportable diseases; 10 NCAC 
7A .0401 updates immunization 
requirements; 10 NCAC 7B .0102, 
.0103, .0212, .0335 and .0406 
make changes to the Highway 
Safety rules; 10 NCAC 1 OA .0306, 
.0307, .0448, .0507, .1008, and 
.2205 amend sanitation grading 
rules; 10 NCAC 1 OA .1954 allows 
the use of polypropylene fibers 
as a reinforcing material in the 
manufacture of concrete septic 
tanks; 10 NCAC .0702, .1005, 
.1616, .1625, and .2512 amend 



NORTH CAROLINA REGISTER 



169 



procedures for determining 
maximum contaminant levels for 
water supplies, and amend the 
standards for hydropneumat ic 
storage tanks; 10 NCAC lOF 
.0001, .0002, .0029, .0030, 
.0031, .0032, .0033, .0034, 
.0035, .0039, and .0041 adopt by 
reference Federal EPA hazardous 
waste regulations, and change 
closure and postclosure trust 
fund requirements; 10 NCAC 11 
.0705 e.xcludes bodies donated to 
medical schools in North 
Carolina from the required 
medical examiner's inquiry into 
the cause and manner of death 
before cremation or burial at 
sea; 10 NCAC 12 .0236 and .0239 
delete a provision in the rule 
requiring water supply 
sanitarians to attend a food 
protection course, and establish 
the frequency of inspections by 
sanitarians for Temporarily 
Closed Establishments. 

The proposed effective date of 
this action is October 1, 1986. 

Statutory Authority: 6.S. 

130A-134; 130A-152(c); 
20-139. Kb); 20-139. 1(g); 20-9; 

143B-10; 130A-243; 130A-228; 

130A-250; 130A-335Ce); 130A-315; 

130A-321; 130A-317; 130A-294(c); 

130A-393; 130A-388; 130A-9. 

The public hearing will be 
conducted at 1:30 p.m. on August 
14, 1986 at Highway Building, 
Auditorium (First Floor), 1 
South Wilmington Street, 
Raleigh, North Carolina. 

Comment Procedures: Any person 
may request information or 
copies of the proposed rule by 
writing or calling John P. 
Barkley, Agency Legal 
Specialist, Division of Health 
Services, P. 0. Box 2091, 
Raleigh, North Carolina 
27602-2091, (919) 733-3131. 
Written comments on these 
subjects may be sent to Mr. 
Barkley at the above address. 
Written and oral (for no more 
than ten minutes) comments on 
these subjects may be presented 
at the hearing. Notice should 
be given to Mr. Barkley at least 
three days prior to the hearing 
if you desire to speak. 

SUBCHAPTER 7A - ACUTE COMMUNICABLE 
DISEASE CONTROL 



are declared to be dangerous to 
the public health and are hereby 
made reportable: 

(7) Chlamydial infection; 
(14) Hemophilus influenzae, 

invasive disease; 
(17) Lyme disease; 
( 21 ) i i ictingitib , Hemuphilus 
inf Imsnzae ; 

(24) Mucocutaneous Lymph Node 
Syndrome (Kawasaki); 

(25) nongonococcal urethritis 

, cervicitis, and pelvic 
inflamatorv disease (PIP); 

SECTION .0400 - IMMUNIZATION 

.0401 DOSAGE AND AGE 

REQUIREMENTS FOR 
IMMUNIZATION 
(a) Every child in North 
Carolina shall be immunized 
against the following diseases 
by receiving the specified 
mimimum doses of vaccines by the 
specified ages: 

(1) diphtheria, tetanus, and 
and whooping cough-- four 
doses : three doses by age 
one year; and one booster 
dose on or after the fourth 
b irthday; 

( 2 ) oral poliomyoli t is 
vaccine , t r ivalen t t yp e — 
tliree dos e s by ag« -two 
years ; trr monoval e n t t yp e -- 
oTtt? dose erf eacli t yp e by jrge 
■trro ■ - ■ ars ; oral 



poliomve 


lit 


is vaccine 


three c 


OS' 


s of trivalent 


type by 


acre two years and a 


booster 


do 


se of trivalent 


type on 


or 


after the fourth 


birthday 


, 


or one dose of 


each of 


the 


three monovalent 


types bv 


aae two years and a 


dose of 


trivalent type after 


the four 


th 


birthday ; 


( 5 ) numps 


vaccine--one dose 


of live 


attenuated vaccine 



by age two years , 
(b) Notwithstanding the 
requirements of Paragraph (a) of 
this Regulation: 

(6) The requirements for 

booster doses of diphtheria. 



tet 


anus , 


and ' 


jhoopinq 


cough 


vacc ine . 


an 


d of 


oral 


pol 


iomye 


litis 


vacc ine 


on or 


aft 


er the fourth birthday 


and 


for 


mumns 


vaccine 


shall 


not 


app 


Iv to 


children who 


enr 


oiled 


for the firs 


t t ime 


in 


the 


first 


grade 


before 



SUBCHAPTER 7B - HIGHWAY SAFETY 



SECTION .0100 - REPORTING OF 
COMMUNICABLE 
DISEASES 

.0101 REPORTABLE DISEASES 
The follovjing named diseases 



SECTION 



100 - GENERAL 
POLICIES 



.0102 DEFINITIONS 
The following definitions 



170 



NORTH CAROLINA REGISTER 



shall apply throughout 10 NCAC 

7B: 

(8) "Breath-testing Instrument" 
shall mean an instrument for 
making a chemical analysis 
and giving the resultant 
alcohol concentration on the 
basis of an alv e olar 
air/blood ra t io o-f 1.2, 1 00 ; 
grams of alcohol per 210 
liters of breath; the roading 
given by an instrumont that 
breath-test result 
blood-alcohol 



reports a 
as a 



concentration on the basis of 



an 
of 



alveolar air/blood ratio 
2,100:1 s hall be 



interpreted as 



report ing 



alcohol concentration, '.jith a 
reading of 0.10 per cent by 
weight of alcohol in a 
person's blood being the same 



0.10 



alcohol 



concentration; 
(20) "Simulator Solution" shall 
mean a water-alcoliol solution 
made by preparing a stock 
solution of 60.5 grams of 
alcohol per liter of vja te r 
solution (77.0 ml. of 
absolute alcohol diluted to. 
one liter erf vjjth distilled 
v;ater, or equivalent ratio) 
and then preparing for 
simulator use as a control 
sample by using 10 ml. of 
stock solution and further 
diluting to 500 ml. witli 
distilled water, which then 
corresponds to the equivalent 
alcohol concentration of 
0.10; 



s e ssion a tte nd e d , as sv+ by 

t+re Set-re t ar y , D ep ar t meiiL trf 
Uuinan Resources . In 
addition to the services 
required in G.S. 20-9. the 
Board, at the time of its 
regular scheduled meeting, 
may review other medical 
records and dociinants, along 
w ith policies and procedures 



deal ing 



with 



medical 



impairments or driving, and 



make reconmondat ions to the 
lissioner of Motor 



Comm ] 



Vehicles or the State Health 

Director . The physician 

members of the board shall 
paid a fee for such 



be 
additional 



consultant 



services 



of 



hundred 



thirty-five 



dollars 



($135.00) 



per 



session 



attended, which shall be in 



addit ion 



to 



other 



remuneration to which they 
may be entitled. 

SECTION .0200 - BLOOD ALCOHOL 
TEST REGULATIONS 

.0212 REPORTING OF ALCOHOL 
CONCENTRATIONS BY BLOOD 
ANALYSTS 
When performing chemical 
analyses of blood under the 
authority of G.S. 20-139.1 and 
the provisions of these Rules 
and Regulations, blood analysts 
shall report alcohol 
concentrations on the basis of 
grams of alcohol per 100 
milliliters of ./hole blood. 



.0103 CONSULTANT PANEL AND 
REVIEW BOARD 

(a) The highway safety branch 
shall provide for the 
professional services of the 
Medical Evaluation Consulta.nt 
Panel for the purposes set forth 
in Rule 

.0101(1) of this Subchapter; 
(3) Medical Evaluation 

Consultant Panel members mtry 
shall be paid a foe of eigh t 
d o lla r s (00 . 00 ) ten dollars 
($10.00) for each case 
reviewed — a^ s-c+ by the 
Gijcre t ary , D e part: i n --ii t o-f 
Human Resources . 

(b) The highway safety 

branch shall provide for the 
professional services of the 
physician members of the Driver 
License Medical Review Board -in 
a c cordance wrt+t for the purposes 
set forth in Rule 
.0101(1) of this Subchapter: 
(3) i^re pliysli-idii nej '. ibers o^ 
tlie Driver Lic e nce Medi c al 
n^'v i i » ij Doai ' d m^ry fat? pa J.d a 
coiiiiul t an t s e rvic e s 
hundi i^d t^ hir t y — five 



SECTION 



fee for 
ox one 
dollais 



.0300 - BREATH 
ALCOHOL TEST 
REGULATIONS 



0335 BREATH-TESTING 

INSTRUMENTS 

: REPORTING OF SEQUENTIAL 

TESTS 



( a ) Th g tronnrrrs 
t+re mct lTod 

chemical 
vr^Tj trf 



i o n apuroves 
o-f performing 

t l ' ii ' ougli t h e 



b 1 e J t +i — t es t ing 
liisti umcn t s rrf a design and ryf a 
model spe c ifi c ally approved by 
t h e co m missi o n a-s 
i t 5 sa t isf ai-t Ion . 
a c ce pt ed high 
accuracy. 



m e e t ing , t-o 

nat ionally 

andards trf 

rel iabil i t y , 



<rir^. 



rM-)- 



pel" 



c o nvenienc e and e ffi c i e ncy o^ 
oper a t i o n . 

( b ) Tl ' i e succecdij ' iij i u 1 e s trf 
t !ii ^ Sec t i ' ^n establish 

upcr at i o nal and pi even t iv e 

m ain t enan c e procedures for 

br e a t h — tes t ing ins t rumen t s 

a p p 1 o v e d by the comm iss ion . 

-f-c-*- Pendin g r o assc - s jin e iit xxf 
t he ci itei ia f o r appi ov al o-f 
brca t li — tes t ing instruments tl-rat- 
ut il i r e inf r ai ud t ecl ' inology . 
th e r e -rs a mor ator iui ii on th e 



NORTH CAROLINA REGISTER 



171 



placing trf rrew ins t ru m en t s 
u t ilir in g iliat t ec lmol uy y into 
service on err aft e r January +t 
1 900 ■ Individual inf r ared 
iiia t rum e iits pla ce d in t o s ci ". ' i c e 
befui. e January +t 1 906 , r uy 
i.ont inu e trr tre used drt 
accordanc e wi t h th e succeedii^g 
rul e s cr£ -t+rrs Sec t ion appli c abl e 
±rty tlicjn . Unless t+rrs Paragr apli 
•irs earl ier am e nded trr r epealed , 
t+r« mura to i iuin las t s un t il 
January -H- 1 9 00 . The models o-f 
ins tr umen t s subj e c t tx; t h e 
m o ra to riu m ar e ■ 

-f-H- In t oxilyzer , Model ^01 1 AS ■ 
Modifi e d (Rul e s . 03 ' ^^ and 
.0345) . 

-e^^- Breathal y z e r , M o d e l 2000 
(Rul e s .0340 arrti .0347) . 

-(-3^- In t oxime t er ■ Model 5000 
(Rules .0340 artd . 034 9 ) . 

-t^H- In t o.xilyzer , Mo d el 5^^^ 
(Rules . 0350 ami ^-0 351 ) . 

-f5^ BAG Verifi e r (Rules 



,0352 and .0353) 



(a) 


The st 


andar 


ds 


for 


the 


aoDroval 


of 




breath-test inq 


inst 


rument s 


are 


as 


foil 


OWS : 


( 1 


) The 


commission 


approves 



the 



method 



of performing 



chemical analyses through the 



of 



hroath-testing 



instruments of a design and of 
a model spocificallv approved 
by the commission as m'?eting. 
to its sat isf act ion . 



nationallv 



standards 



accepted 



of 



high 



accuracy. 



reliability. convenience and 
efficiency of operation. 
(2) The succeeding rules of 



this 



Sect ion 



est abl ish 



operational and preventive 
maintenance procedures for 
breath-testing instruments 
approved by the commission. 
(3) Pending roassessemnt of 



the criteria for approval of 
breath-testing instruments 



that 



ut il ize 



infrared 



technology . 



there 



IS 



moratoriun on the placing of 
new insTrnments utili.-^ing 
that technoloav into service 
on or after January T. 1986. 



Individual 



infrared 



instruments placed 



into 



service before J.anuary 1 



1986, 



may 



continue to be 



used in accordance with the 
succeeding rules of this 
Section applicable to them. 
Unless this Paragraph is 
earlier amended or repealed. 



the moratorium lasts 



jntil 



January 1 , 1 9{ 



The models 



of instruments subject to 
the moratorium are: 



(A) Intoxilyzer. Model 

40nAS. Modified (Rules 
^0344 and .0345) . 

(B) 



Jrcathalyzer . Model 



2000 (Rules 


.0346 




and 


.0347) . 
(C) Into.ximeter , 


Model 






3000 (Rules 


.0348 


and 


.0349) . 
(D) Into.xilvzer , 


Model 






5000 (Rules 


.0350 


and 


.0351 ) . 
(E) BAG Verifier 


id .0353) 




(Rules .0352 a 




(b) The standards f 


3r the 


t€ 




reporting of seguential 


sts 


are as f ollov/s : 

( 1 ) In recording the 







results 



of 



chemical 



analvs is 



under 



G.S . 



20-139. 1(e) and in reporting 
results for use in court or 
in an administrative 



proceeding . 



the 



chemical 



analyst shall report the 



result of all 



tests 



of 



breath 



performed 



m 



conduct ing the 



chemical 



analysis. These results may 
be used for all relevant 
PTirposes. but these results 
may not be used to prove a 
person's particular alcohol 
concentration unless a pair 

of consecutively 

administered tests do not 
differ from each other by an 



alcohol 



concentration 



of 



greater than 0.02. 
(2) In proceedings in 

court and before 

administra t :■ ve agencies, the 

state T-TV use all 

breath-test procedures and 
results for all relevant 



purp 



OSes, b'lt when there is 



difference in readings, 
the state r^av use only the 
lower of the tv;o consecutive 



readings that meet 



the 



reguirements of Paragraph 



(b) to 



part icular 



prove 



person 



alcohol 



concentration. 



"Part icular 



alcohol concentration" is an 
alcohol concentration that 
has legal significance under 



G.S. 



20-138. 1(a)(2). 



20-16. 5(b)(4) . 20-179(d)( 1 ), 
and 20-179(n) . 

SECTION .0400 - CONTROLLED 
DRINKI.\'3 PROGRAMS 



.0406 RESTRICTED 
ALCOHOLIC 
(b) Alcoholic beverag 
procured for use 
cont rolled-drinking 
shall be used only 
purpose . Gpir itous 
fo rt if ied wine Malt 
unfortified wine . fort 



USE OF 
BEVERAGES 
es 

in a 

program 

for this 

liquor Of 

beverages ■ 



or .'^pir itous liquor sh 
given or otherwise ad 
to anyone under 21 yea 
Hai+ bcv u i. a ije s and n- 
w in e shalri ncrt he 



ified wine 
all not be 
ministered 
rs of age . 
nf ort if ied 
rem or- 



172 



NORTH CAROLINA REGISTER 






o t h e rwis e adminis te r e d 
und e r +9 y e ars «rf ag e . 



txr anyon e pursuant to this Rule, 



the 



SUBCHAPTER 1 OA - SANITATION 

SECTION .0300 - SANITATION 
OF LODGING PLACES 

.0306 GRADING 

(a) The sanitation grading of 
all hotels, motels, inns, and 
tourist homes shall be based on 
a system of scoring wherein all 
establishments receiving a score 
of at least 90?^ shall be awarded 
Grade A; all establishments 
receiving a score of at least 
80'.' and less than 90% shall be 

awarded a Grade Bj all 

establishments receiving a score 
of at least 70?^ and less than 
80?^ shall be awarded Grade C; 
and no establishment receiving a 
score of less than 70!-:, or 
Grade C. shall operate. 

(b) 
The grading of lodging 
places shall be based upon the 
standards of construction and 
operation set out in .0308 
.0314 of this Section. 

.0307 
ArPROVCD LODGING PLACES 

INSPECTION OF TEMPORARILY 
CLOSED ESTABLISHMENTS 

Tire sani t a t ion grading 
trf -Jtii I ' lo hels , i nut e la , inn * . . and 
to ur is t hames shall tre basaJ on 
■a sys t jm oi- ■.coring whcielii all 
es tablis'imen t s receiving a score 
o-f a-t leas t 9-0-^ sl - iall tre av; arded 
Grade A-r all es t abl ishmen t s 
receiving a i.core vf a^ l e as t 
e-&^ tmd l ess -Hrsn 9^^. shall hre 
award e d a G r ad e Br erH: 
e ;,tdblish me n ts receiving a 
score trf atr least 70?: and less 
t+ran BQ^ shall tre awarded Grade 
e-r and no est ablislimcn t 
r eceivii ' i g a scor e trf l e ss t- han 
7 .'.' . trr Grade €-r shall operate . 

(a) The owner or operator of 
an est ^hl ishrent that is closed 
for a period of 60 days or more 
shall notify the local health 
department at least 30 davs 



permit shall remain suspended 
until a reinspection shows that 
the establishment has obtained a 
Grade A. 

SECTION .0400 - SANITATION OF 
RESTAURANTS AND OTHER 
FOODHANDLING ESTABLISHMENTS 

.0448 GRADING 
: INSPECTION OF 

TEMPORARILY CLOSED 
ESTABLISHMENTS 

(c) The owner or operator 

of an establishment that is 
closed for a period of 60 davs 
or more shall notify the local 
health department at least 30 
davs prior to the expected date 

of reopening. A local health 

department sanitarian shall make 
an unannounced inspection within 
30 davs after notification. 

(d) The permit for any 
establishment receiving a grade 
of less than A from the 
inspection required by this Rule 
shall be suspended. The owner 
or operator of the establishment 
shall be notified in writing of 
the intent to suspend and of the 
owner's or operator's right to a 
hearing to contest suspension. 

(e) If a permit is suspended 
pursuant to this Rule. the 
permit shall romain suspended 
until a reinspection shows that 
the establishment has obtained a 
Grade A. 

SECTION .0500 - SANITATION 
OF MEAT .MARKETS 

.0507 GRADING 
: INSPECTION 

OF TEMPORARILY CLOSED 
ESTABLI SHMENTS 
(c) The owner or operator of 



an establishment that is closed 
for a period of 60 davs or more 
shall notify the local health 
department at least 30 days 
prior to the expected date of 

reopening . A local health 

department sanitarian shall make 
an unannounced inspection within 



prior to the expected date of 30 days after notification. 



reopening . 



local 



health 



Cd) 



department sanitarian shall make 
an unannounced inspection within 
30 davs after notification. 

(b) The permit for any 
establishment receiving a 



esta 



of 



The permit for any 
blishment receiving a grade 



less 



than 



from the 



inspection required by this Rule 



of 



less 



than 



grade 

from the 



shall be suspended. 



The ov.'ner 



inspection required by this Rule 
shall be suspended. The owner 



or operator of tJTe establishment 
shall be notifi'd in writing of 
the intent to suspend and of the 
owner's or operator's right to a 



or operator of the establishment hearing to contest suspension. 



shall be notified in writing of 
the intent to suspend and of the 
owner's or operator's right to a 
hearing to contest suspension, 
(c) If a permit is suspended 



(e) If 3 permit is suspended 
pursuant to this Rule, the 
permit shall remain suspended 
until a reinspection shows that 
tlie establishment has obtained a 
Grade A. 



NORTH CAROLINA REGISTER 



173 



SECTION .1000 - SANITATION OF 
SUMMER CAMPS 

.1008 GRADING 
: INSPECTION OF 

TEMPORARILY CLOSED 
ESTABLISHMENTS 
(b) The owner or operator of an 



est abl ishment 


that is 


closed for 


a period 


of 


60 davs or more 


shall not 


ifv 


the local health 


department 


at 


least 


30 davs 


prior to 


the 


expccto 


d date of 


reopening. 




A local health 


department 


sanitarian 


shall make 


an unannounced 


inspect 


ion vjithin 


30 days after 


not if ica 


t ion . 


(c) The p 


ermi 


t for any 


establishment 


receivinq a qrade 


of less 


than A 


from the 


in.'5pect ion 


required by 


this Rule 


shall be 


suspended . 


The ovfner 


or operator of 


the est 


abl ishment 


shall be notified in 


writinq of 


the intent 


to 


suspend 


and of the 


owner ' s or 


operator ' s 


riqht to a 


hearinri to 


con 


test suspension. 


(d) If a 


perm 


it is 




suspended 


pursuant to 


this Rule, 


the permit 


-.hall 


remain 


suspended 


until a re 


inspect ion 


shows that 


the 


establ is.hment has 



obtained a Grade A. 

SECTION .1900 - SEV/AGE 

DISPOSAL SYSTEMS 

.1954 MINIMUM STANDARDS FOR 

PREFABRICATED SEPTIC TANKS 
(a) The following are minimum 
standards of design and 
construction of precast 
reinforced concrete septic 
tanks : 

(7) All tanks shall be 

manufactured with a 
cast-in-place partition so 
that the tank contains two 
compartments. The partition 
shall be located at a point 
not less than two-thirds nor 
more than three-fourths the 
length of the tank from the 
inlet end. The top of the 
partition shall terminate 
two inches below the bottom 
side of the tank top in 
order to leave space for air 
or gas passage between 
compartments. The top and 
bottom halves of the 
partition shall be cast in 
such manner as to leave a 
water passage slot four 
inches high for the full 
width of the tank. The 
partition (both halves) 
shall be reinforced by the 
placing of si.x-inch by 
six-inch No. 10 gage welded 
reinforcing wire. The 
reinforcing wire shall be 
bent to form an angle of 90 



degrees on the ends in order 
to form a leg not less than 
four inches long. When the 
wire is placed in the mold, 
the four-inch legs should 
lay parallel with the 
sidewall wire and adjacent 
to it. In lieu of using the 
si.x-inch by six-inch No. 10 



gage 



welded 



steel 



re inf orcing 



reinforcing may be made by 
use of a polypropylene fiber 

reinforcing material. The 

polypropylene fiber 

reinforcing shall not be 
less than three-fourths inch 
in length and more than two 

inches in length. The 

polypropylene fiber must be 
added to the concrete mix at 
a minimum rate of 1 .5 pounds 
per cubic yard of concrete 
or a rate recommended by the 
fiber manufacturer , 



whichever 



IS 



greater . 



Further, the rate and time 
of mi.xing as recommended by 
the fiber manufacturer must 

be followed . It is 

recognized that there are 
other methods of 
constructing a partition or 
two-compartment tank. Any 
method other than the one 
described will be considered 
on an individual basis for 
approval by the Division of 
Health Services. However, 
the tank wall thickness must 
remain not less than two and 
one-half inches thick 
throughout the tank except 
for blockout s . 
(9) The tank shall be 

reinforced by using a 
minimum reinforcing of 
si.x-inch by si.x-inch No. 10 
gage v/elded steel 
reinforcing wire in the top, 
bottom, ends, and sides of 
the tank. The reinforcing 
wire shall be lapped at 
least si.x inches. In lieu 
of using the six-inch by 



si.x- inch .No 



gage welded 



steel 



re inf orcing 



reinforcing may be made by 
use of a polypropylene fiber 



reinforcing material. 



The 



polypropylene 



fiber 



reinforcing shall not be 
less than throe-fourths inch 
in length and more than two 

inches in length. The 

pol'/propylene fiber must be 
added to tho concrete mi.x at 
a minimum rate of 1 .5 pounds 
pe^ cubic yard of concrete 
or a rate recommended by the 
fiber manufacturer , 



v^h ichever 



greater . 



Further, the rate and time 
of mi.xing as recommended by 



174 



NORTH CAROLINA REGISTER 



the fiber manufacturer must 
be followed . 

The tank top must be able 
to withstand a uniform 
loading of 150 pounds per 
square foot. If additional 
reinforcing is required to 
accomplish this, it is the 
responsibility of the 
manufacturer to install the 
added reinforcing. 

SECTION .2200 - SANITATION 
OF BED AND BREAKFAST HOMES 

.2205 GRADING 
: INSPECTION OF 

TEMPORARILY CLOSED 
ESTABLISHMENTS 
(c) The owner or operator 
of an establishment that is 
closed for a period of 60 days 
or more shall notify the local 
health department at least 30 
days prior to the e.xpected date 



of reopening . 



A local health 



department sanitarian shall make 
an unannounced inspection within 
30 days after notification. 

(d) The permit for any 
establishment receiving a grade 



of 



less 



than 



from 



the 



inspection required by this Rule 



i:hall be suspended. 



The owner 



or operator of the establishment 
shall be notified in writing of 
the intent to suspend and of the 
owner's or operator's right to a 
hearing to contest suspension, 
(e) If a permit is suspended 
pursuant this Rule, the permit 
shall remain suspended until a 
reinspection shows that the 
establishment has obtained a 
Grade A. 



SUBCHAPTER 1 CD 



WATER SUPPLIES 



SECTION .0700 - PROTECTION OF 
PUBLIC WATER SUPPLIES 

.0702 DEFINITIONS 

As used in this Subchapter, 
the term: 

(39) "Performance evaluation 
sample" means a reference sample 
provided to a laboratory for the 
purpose of demonstrating that 
tha laboratory can successfully 
analyze the sample within limits 
of performance specified by the 

Department . The true value of 

the concentrat ion of the 

reference material is unknown to 
the laboratory at the time of 
the analysis . 

SECTION .1000 - V;ATER SUPPLY 
DESIGN CRITERIA 

.1005 STORAGE OF FINISHED 

WATER 
(c) Hydropneumat ic Storage 
Tanks (Pressure Tanks) 



(5) Hydropneumat ic Storage 

Tanks . Hydropneumat ic 

storage tanks shall conform 

to the construction 

requircmonts for pressure 
vessels adopted by the North 
Carolina Department of Labor 
as amended through October 
1, 1986. and codified in 13 



NCAC 13. 



Copies of the 



rules are available from the 
Boiler and Pressure Vessel 



D ivis ion , 



North 



Carolina 



Department of Labor, 



214 



West Jones Street, Raleigh, 



NC 27603. 



SECTION 



160 - WATER QUALITY 
STANDARDS 



.1616 MAXIMUM CONTAMINANT 
LEVELS FOR INORGANIC 
CHEMICALS 
•fc-)- Wh e n t+re annual averag e 
<rf -Hre m aximum daily air 
t emp e ra t ur e s -ftrr ttr^ location -in 
which ttre com muni t y wat e r sys t e m 
is si t uated is t+r« following, 
ttre ina.ximum con t aminan t l e vels 
frrr flu o ride a re . 

Tempera t ur e 

Dcgi ees 

Fahrenl ' i e i t 

^^ — ' and bel o w 

■to 6 



^^^=^-r8 to 






9-e-r^ 



9^. 



t^ T^e-rG 
to 9^-r5 



Deg ' jc e s 

Celsius 

12.0 arrd below 

+&T-1- to +^rr6 

+4-r? to +T^-r6 

-Hh^ ttr 2-1-r4 



H- 



Lev e l , 



MilliyLcims 
Per 1 i t er 

2^-a 
•1-re 

^-r6 



riuor id e at op t imum levels in 
di inlyin g wa te r has b e en sliown to 
have b e n e fi c ial eff e cts in 
redu c in g t+re occurrence rrf t oo t h 
d e ca y . 

(c) The maximum contaminant 
level for fluoride is 4.0 mq/1 . 

.1625 INORGANIC CHEMICAL 
SAMPLING AND ANALYSIS 

(b) If the result of an 
analysis made pursuant to (a) or 
( f ) of tliis Rule indicates that 
the level of any contaminant 



NORTH CAROLINA REGISTER 



175 



listed in .1616 of this Section 
exceeds the maximum contaminant 
level, the supplier of water 
shall 1 e poi t ±-o not ify the 
duparlm c iit division within seven 
days and initiate three 
additional analyses at the same 
sampling point within one month. 

(e) Analyses conducted to 
determine compliance with 
.1616, .1619, .1620, and .1621 
of this Section shall be made in 
accordance with methods adopted 
by the United States 
Environmental Protection Agency 
and codified as 40 C.F.R. 141.23 
(f)(n through (10) and 40 
C.F.R. 143.4(b)(5), (6), and (8) 
which are hereby adopted by 
reference as amended through 
March +5-r Vm2 May 2. 1986. 

A list of these methods is 
available from the Water Supply 
Branch, Environmental Health 
Section, Division of Health 
Services, P. 0. Box 2091, 
Raleigh, NC 27602. 

(f) In addition to complying 
with Paragraphs (a) through (e) 
of t.his Rule systems Tionitoring 
for fluoride must comply vjith 

the requirements of this 

Paragraph . 

( 1 ) V/here the system dravjs 

'■■;ater from one source, the 
system shall take one samnle 
at the entry point to the 
distribution system. V.here 
the system draws water from 
more than one source, the 
system must sample each 
source at the entry points 
to the distribution system. 
If the system drav>s water 
from more than one source 
and sources are combined 



before 



dist r ibut ion 



the 



system must sample at 



entry 



po int 



to 



the 



distribution system during 
periods representative of 
the ma.ximum fJuoride le'/els 



occurring 



under 



normal 



operating conditions. 
(2) The division may alter 

the frequencies for fluoride 
monitoring required by (a) 
of this Rule considering the 
following factors: 

(A) Reported concentrations 
from pre'^iously required 
monitoring ; 

(B) The degree of 
var iat ion in reported 



concentrations: and 
t C ) Other factors vjhich 



may 



.if feet 



fluoride 



concentrations 



:uch 



change s 



the 



w a t ' 



system ' s 
operat ing 



source 



conf igurat ion ■ 

procedures , 

of viater , and 



changes in stream flows . 
(3) Monitoring may be 



decreased 



from 



the 



frequencies in (a) of this 



Rule 



if 



the 



divisior 



determines that the water 
system is unlikely to e.xceed 
the maximum contamination 

level . Such determination 

shall be made by the 



divis ion 



and 



the 



not if ied 



writing after 



the sampling results from 
each source liavo been 



rece ivcd 



and 



evaluated . 



Evaluation of tliese results 
and the factors in (f) (2) 
of this Rule will provide 



the 



basis 



for 



the 



determination. A copy shall 



be 



provided 



to 



the 



administrator . 



In 



no case 



shall monitoring be reduced 
to less than one sample 
every 1 years . For systems 
monitoring once every 10 
years. the division shall 
review monitoring results to 



determine 



whether 



frequent 



monitor ing 



necessary . 
(4) Analyses for fluoride 

under this Rule shall only 



be 



used for determining 



compliance if conducted by 
laboratories that within the 
last 12 months have analyzed 



performance 



evaluation 



samples to '.vithin 10': of the 



reference 



ue at fluoride 



concentrat i r ns from 1 .0 mq/1 
to 10.0 mg/I . 
(5) Complianc'- with the 

ma.ximum contaminant level 
shall be det-'rmined based on 
each sampli.ng point. If any 
sampling point is determined 
to i;e out of compliance, the 
vjater system is deemed to be 
out of compliance. 

SECTION .2500 - VARIANCES 
AND EXEMPTIONS 

.2512 VARIANCES FOR FLUORIDE 

(a) The follov;ing shall be 

the best technology, treatment 
techniques or other means 
generally available for 
achieving compliance with the 
ma.ximum contaminant level for 
fluoride : 

(1) Activated alumina 
absorption, centrally 
appl ied, 

(2) Reverse osmosis, 
centrally applied. 

(b) The division shall require 
a community v;ater system to 
install and/or use any treatment 
method identified in (a) of this 
Rule as a condition for granting 
a variance unless it is 
determined that such a treatment 
metliod is not available and 
effective for fluoride control 



176 



NORTH CAROLINA REGISTER 



for the system. A treatment 
method shall not be available 
and effective for a water system 
if the method would not be 
technically appropriate and 
technically feasible. If upon 
application for a variance it is 
determined, that no treatment 
method is available and 
effective then the water system 
shall be entitled to a variance. 
A determination of availability 
and effectiveness of treatment 
methods shall be based upon 
studies by the water system and 
other relevant information. A 
finding shall be made by the 
division whether the information 
supports a decision that a 
treatment method is not 
available and effective before 
requiring installation and use 
of the treatment method. 

(c) The division shall issue a 
compliance schedule that may 
require the water system to 
examine the following treatment 
methods to determine the 
probability that any method will 
significantly reduce the level 
of fluoride and to determine 
whether any method is 
technically feasible and 
economically reasonable and that 
the fluoride reduction obtained 
v;ill be commensurate with the 
costs incurred with installation 
and use of the treatment 
methods : 

(1) Modification of lime 
softening; 

(2) Alum coagulation; 

(3) Electrodialysis ; 

(4) Anion e.xchange resins; 

(5) Well field management; 

(6) Alternate source; and 

(7) Regionalizat ion . 

(d) If the division determines 
that a treatment method 
identified in (c) of this Rule 
or any other treatment method is 
technically feasible, 
economically reasonable, and 
will achieve fluoride reductions 
commensurate with the costs 
incurred with the installation 
and use of such treatment method 
for the system, the division 
shall require the system to 
install and/or use thattreatment 
method in connection with a 
compliance schedule. The 
determination shall be based 
upon studies by the system and 
other relevant information. 

SUBCHAPTER 10F - HAZARDOUS 
WASTE MANAGEMENT 

.0001 GENERAL 

(d) Copies of all material 
adopted by reference in this 
Subchapter may be inspected in 
the Solid and Hazardous Waste 



Branch Office, Division of 
Health Services, 306 N. 
Wilmington Street, P. 0. Box 
2091, Raleigh, N.C. 27602. 
Copies may be obtained from the 
Solid and Hazardous Waste Branch 
■ftrr a ftre o-f -ten c e n t a (00.10) 
per p a ge . at tlic actual cost to 
the Branch . 

.0002 DEFINITIONS 

(a) The definitions contained 
in 45 Fed. Reg. 33,073 to 33,076 
(1980) to be codified in 40 CFR 
260.10 (Subpart B) ; 45 Fed. Reg. 
33,419 to 33,424 (1980); (to be 
codified in 40 CFR 270.2); and 
45 Fed. Reg. 33,486 (1980) (to 
be codified in 40 CFR 124.2) 
have been adopted by reference 
as amended by 45 Fed. Reg. 
72,028, 76,075, 76,630, and 
86,968 (1980); 46 Fed. Reg. 
2,348 (1981); 47 Fed. Reg. 
32,349 (1982); 48 Fed. Reg. 
2,511, and 30,115 (1983); 49 
Fed. Reg. 10,500 (1984); and 50 
Fed. Reg. 661 and 18,374 (1985); 
and 51 Fed. Reg. 16,443 (1986) 
to be codified in 40 CFR 260.10 
(Subpart B), 45 Fed. Reg. 
76,075, 76,630, and 86,968; 46 
Fed. Rog. 2,348 (1981); 47 Fed. 
Reg. 4,996 (1982); and 48 Fed. 
Reg. 14,230 to 14,231 (to be 
codified in 40 CFR 270.2). 

.0029 IDENTIFICATION AND LISTING 
OF HAZARDOUS WASTES - PART 261 
(a) The general provisions 
contained in 45 Fed. Reg. 33,119 
to 33,121 (1980) to be codified 
in 40 CFR 261.1 to 261.6 
(Subpart A) have been adopted by 
reference as amended by 45 Fed. 
Reg. 72,028, 72,037, 76,620, 
76,623, 76,624, and 78,531 
(1980); 46 Fed. Reg. 56,588, 
56,589, 47,429, 44,972, 44,973 
(1981); 48 Fed. Reg. 2,532, 
14,293, 14,294. and 30,115 
(1983); 49 Fed. Reg. 23,287, and 
44.980 (1984); and 50 Fed. Reg. 
663, 664, 665, 1,999, 14,219, 
28.743. 28,744, 49,202. 49,203, 
and 33.542, (1985); and 51 Fed. 
Reg. 10.174, and 10.175 (1986). 

(c) The "Lists of Hazardous 
Wastes" and the accompanying 
appendices (I through VIII) 
contained in 45 Fed. Reg. 33,122 
to 33,137 (1980) to be codified 
in 40 CFR 261.30 to 261.33 
(Subpart D) have been adopted by 
reference as amended by 45 Fed. 
Reg. 72,032 to 72,034, 74,890, 
74,892, and 74,894 (1980); 46 
Fed. Reg. 78,529, 78,537 to 
78,544, 4,614, to 4,620 (1981); 
49 Fed. Reg. 5,312, 19,923 
(1984); and 50 Fed. Reg. 662, 
665, and 2,000 and 28,744 
(1985). Supplemental material 
contained in 45 Fed. Reg. 



NORTH CAROLINA REGISTER 



177 



47,833, and 47.834 (1980); 46 
Fed. Reg. 35,247 to 35,249 
(1981); and 48 Fed. Reg. 14,294, 
and 15,256 to 15,258 (1983) have 
also been adopted by reference 
as amended by 50 Fed. Reg. 2001, 
2002, and 2003, 42,942, arrti 
42,943, and 53.319 (1985); and 
51 



Fed. 



RecT. 



2.702, 



6,541 



5.330, and 10.175 (1986) 



.0030 STANDARD FOR HAZARDOUS 
WASTE GENERATORS - PART 262 

(b) The provisions for 
"Manifests" contained in 45 Fed. 
Reg. 33,143 (1980) to be 
codified in 40 CFR 262.20 to 
262.23 (Subpart B) have been 
adopted by reference as amended 
by 45 Fed. Reg. 86,973 (1980); 
arrd 49 Fed. Reg. 10.500 (1984); 
and 51 Fed. Reg. 10,175 (1986). 

(c) "Pre-Transport 
Requirements" contained in 45 
Fed. Reg. 33.143, and 33,144 
(1980) to be codified in 40 CFR 
262.30 to 262.34 (Subpart C) 
have been adopted by reference 
as amended by 45 Fed. Reg. 
76,626 (1980); 47 Fed. Reg. 
1 ,251 (1982) ; 43 Fed. Reg. 
14,294 (1983); end 49 Fed. Reg. 
49,571 and 49.572 (1984); and 51 
Fed. Reg. 10.175, and 10.176 
(1986) . 

(d) The provisions for 
"Recordkeeping and Reporting" 
contained in 45 Fed. Reg. 33,144 
(1980) to be codified as 40 CFR 
262.40 to 262.4 3 4 (Subpart D) 
have been adopted by reference 
as amended by 48 Fed. Reg. 
3.981, 3,982, and 14.294 (1983); 
tmti 50 Fed. Reg. 28,746 (1985); 
and 51 Fed. Reg. 10,176 (1986). 

.0031 STANDARDS FOR HAZARDOUS 
WASTE TRANSPORTERS - PART 263 
(c) The provisions for 
"Compliance With the Manifest 
System and Recordkeeping" 
contained in 45 Fed. Reg. 33,151 
and 33,152 (1930) to be codified 
in 40 CFR 263.20 to 263.22 
(Subpart B) have been adopted by 
reference as amended by 45 Fed. 
Reg. 86,973, 86,974 (1980); and 
51 Fed. Reg. 10,176 (1986). 

.0032 STANDARDS FOR 

OWNERS/OPER.ATORS OF 
HWMF'S - PART 264 

(h) The provisions for "Closure 
and Post-Closure" contained in 
46 Fed. Reg. 2.849 to 2,851, and 
7,678 (1981) to be codified in 
40 CFR 264.110 to 264.120 
(Subpart G) have been adopted by 
reference as amended by 47 Fed. 
Reg. 32,356, 32.357 (1982); as 
amended by 43 Fed. Reg. 14.294 
(1983); and 51 Fed. Reg. 16.444 
to 16,447. (1936); except that 
40 CFR 264.120(b) is rewritten 



as follows: "If at any time the 
owner or operator or any 
subsequent owner of the land 
upon which a hazardous waste 
facility was located removes the 
waste and waste residues, the 
liner, if any, and all 
contaminated underlying and 
surrounding soil . he may add a 
notation on the deed to the 
facility property or other 
instrument normally examined 
during title search, indicating 
the removal of the waste." 

(i) "Financial Requirements" 
contained in 46 Fed. Reg. 2,851 
to 2.866 and 7,678 (1981) to be 
codified in 40 CFR 264.140 to 
264.151 (Subpart H) have been 
adopted by reference as amended 
by 47 Fed. Reg. 15.047 to 15,064 
and 16,554 to 16,558, and 32,357 
(1932) and 43 Fed. Reg. 30,115 
(1983), and 51 Fed. Reg. 16.447 
to 16,451 (1986), except that 40 



CFR 



264. 143(a)(5) 



(a)(4) 



(a)(5). 



(a)(6). 



40 



CFR 



264 . 145(a) (3) , (a)(4), (a)(5) , 



(a)(6) 



and 



40 



CFR 



264.151(a)(1). Section 15. are 
not adopted bv reference. 
( 1 ) The follovTing shall be 

substituted for the 

provisions of 40 CFR 264.143 

(a)(3) v/hich were not 

adopted bv reference: "The 
owner or operator must 
deposit t'r ■ full amount of 
the closure cost estimate at 



the 



t imt 



the 



fund 



is 



ostabl ishor l . Within 60 davs 
of the e f factive date of 
these regulations, an owner 
or operator using a closure 
trust fund established prior 
to the effective date of 

these r e c; u 1 a t i o n s shall 

deposit an amount into the 
fund so that its value after 
this deposit at least equals 
the amount of the current 
closure cost estimate. or 
shall obtain other financial 
assurance ; 



specified in 



this sect ion , 
( 2 ) The following shall be 

subst ituted for the 



provis ions 



of 



40 



CFR 



264.143(a)(4) which were not 



adopted 



oy 



reference : 



"Deleted" 
( 3 ) The following shall be 

subst ituted for the 



provisions 



of 



40 



CFR 



264.143(a)(5) which were not 



adopted 



.bi. 



reference : 



'Deleted" 
( 4 ) Tl'.e following shall be 

subst ituted f cr the 



provisions 



of 



40 



CFR 



264 . 1 ^3 ( a ) ( 6 ) which were not 



adopted 



bv 



reference : 



"After the trust fund is 
established, whenever the 



178 



NORTH CAROLINA REGISTER 



current 



closure 



cost 



estimate changes, the owner 
or operator must compare the 

new estimate with the 

trustee's most recent annual 
valuation of the trust fund. 
If the value of the fund is 
less than the amount of the 
new estimate, the owner or 
operator within 60 days 
after the change in the cost 

est imate .. must e ither 

deposit an amount into the 
fund so that its value after 
this deposit at least equals 
the amount of the current 
closure cost estimate, or 

obtain other financial 

assurance as specified in 
this section to cover the 
difference . " 

(5 ) The following shall be 

substituted for the 

provisions of AO CFR 

264.145(a)(3) which were not 
adopted bv reference : "The 
owner or operator must 
deposit the full amount of 

the post-closure cost 

estimate at the time the 
fund is established. Within 
60 davs of the effective 
date of these Regulations, 
an owner or operator using a 

post -closure trust fund 

established prior to the 
effective date of tliese 
Regulations shall deposit an 
amount into the fund so that 
its value after this deposit 
at least equals the amount 
of the current post-closure 
cost estimate, or shall 

obtain other f inane ial 

assurance as specified in 
this Sect ion . " 

(6 ) The follovjing shall be 

substituted for the 

provisions of 40 CFR 

264.145(a)(4) which were not 

adopted by reference : 

"Deleted" 



( 7 ) The following shall be 

substituted for the 



provisions 



of 40 



CFR 



264.145(a)(5) which were not 

adopted by reference : 

"Deleted" 
( 8 ) The following shall be 

subst itutod for the 



provisions 



of 40 CFR 



264.145(a)(6) whicli were not 

adopted by reference : 

"After the trust fund is 
established, whenever the 
current nost-closure cost 
estimate changes during the 

operat ing 1 ife of the 

facility. the owner or 
operator must compare the 

new estimate v;ith the 

trustee's most recent annual 
valuation of the trust fund. 
If the value of the fund is 



less than the amount of the 
new estimate, the owner or 
operator, within 60 davs 
after the change in the cost 

est imate , must either 

deposit an amount into the 
fund so that its value after 
this deposit at least equals 
the amount of the current 
post-closure cost estimate, 
or obtain other financial 
assurance as specified in 
this Section to cover the 
difference . " 
(9) The following shall be 

subst ituted for the 



provisions 



of 40 



CFR 



264. 151(a)(1), Section 15, 
which were not adopted bv 
reference ; "Sect ion 1 5 . 



Notice of Payment. 



The 



trustee shall notify the EPA 
Regional Administrator of 
payment to the trust fund, 
by certified mail with ten 
da\'s following said payment 

to the trust fund. The 

notice shall contain the 
name of the grantor, the 
date of payment, the amount 
of payment , and the current 
value of the trust fund." 

.0033 INTERIM STATUS 
STANDARDS FOR 
HWMF'S - PART 265 

(g) The provisions for 
"Closure and Post-Closure" 
contained in 45 Fed. Reg. 33,242 
and 33,243 (1980) to be codified 
in 40 CFR 265.110 to 265.120 
(Subpart G) have been adopted by 
reference as amended by 46 Fed. 
Reg. 2.875. 2,876, and 2,877, 
and 2.896 (1981); and 51 Fed- 
Reg. 16.451 to 16.455 (1986) ; 
except that 40 CFR 265.120(b) is 
rewritten as follows: "If at 
any time the owner or operator 
or any subsequent owner of the 
land upon which a hazardous 
waste facility was located 
removes the waste and waste 
residues, the liner, if any, and 
all contaminated underlying and 
surrounding soil, he may add a 
notation on the deed to the 
facility property or other 
instrument normally examined 
during title search, indicating 
the removal of the waste." 

(h) "Financial Requirements" 
contained in 45 Fed. Reg. 33,243 
and 33,244 (1980) to be codified 
in 40 CFR 265.140 to 265.151 
(Subpart H) have been adopted by 
reference as amended by 46 Fed. 
Reg. 2.877 to 2.388 (1981); 47 
Fed. Reg. 15,064 to 15,074, and 
16.558 to 16,561 (1982); and 48 
Fed. Reg. 14,295 and 30,115 
(1983); and 51 Fed. Reg. 16,455 
to 16.458 (1986). except that 40 
CFR 265.143(a)(3), (a)(4), 



NORTH CAROLINA REGISTER 



179 



(a)(5), (a)(6), and 40 CFR 
265. 145(a)(3) , (a)(4) . (a)(5), 
(a)(6) are not adopted by 
reference . 

( 1 ) The following shall be 

substituted for the 



provisions 



of 



40 



CFR 



265.143(a)(3) which were not 
adopted by reference: "The 
ovjner or operator must 
deposit the full amount of 
the closure cost estimate at 



the 



t ime 



the 



fund 



established. Within 60 days 
of the effective date of 
these Regulations, an owner 
or operator using a closure 
trust fund established prior 
to the effective date of 



these 



Regulat ions 



shall 



deposit an amount into the 
fund so that its value after 
this deposit at least equals 
the amount of the current 
closure cost estimate. or 
shall obtain other financial 
assurance as specified in 
this Sect ion . " 
( 2 ) The follov;ing shall be 

substituted for the 



provisions 



of 



40 



CFR 



265.143(a)(4) which were not 



adopted 



by 



reference : 



"Deleted" 
(3 ) The following shall be 

substitute d for t h e 



provisions 



of 



40 



CFR 



265 .143(a)(5) v;hich were not 



adopted 



reference : 



"Deleted" 
(4 ) The following shall be 

subst ituted for the 



provis ions 



of 



40 



CFR 



265 .143(a)(6) v;hich were not 



adopted 



hy_ 



reference : 



"After the trust fund is 



establ ished ■ 



whenever the 



current 



closure 



cost 



estimate changes, the o'.-Jner 
or operator must compare the 
new estimate with the 



trustee's most recent annual 
valuation of the trust fund. 
If the value of the fund is 
less than the amount of the 
new estimate, the owner or 



operator within 



60 



days 



after the change in the cost 



est imate , 



must 



e ithcr 



deposit an amount into the 
fund so that its value after 
this deposit at least enuals 
the amount of the cvirrent 
closure cost estimate. or 
)ther f i nancial 
as specified in 



obtain 



assurance 



this Section to cover the 
difference . " 
( 5 ) The following shall be 

subst ituted for the 



provision s 



40 



CFR 



265.145(a)(3) vihich were not 
adopted by reference : "The 
owner oi 



operator 



must 



deposit the full amount of 

the post-closure cost 

estimate at the time the 
fund is established. Within 
60 days of the effective 
date of these Regulations. 
an ov;ner or operator using a 

post-closure trust fund 

established prior to the 
effective date of these 
Regulations shall deposit an 
amount into the fund so that 
its value after this deposit 
at least equals the amount 
of the current post-closure 
cost estimate, or shall 



obtain 



other 



financial 



assurance as specified in 
this Sect ion . " 
( 6 ) The following shall be 

substituted for the 



provisions 



of 



40 



CFR 



265 . 1 45 (a)(4) which were not 



adopted 



by 



reference : 



"Deleted" 
( 7 ) The following shall be 

subst ituted for the 



provisions 



of 



40 



CFR 



265.145(a)(5) which were not 



adopted 



by 



reference : 



"Deleted" 
(8 ) The follov;inq shall be 

subst ituted for the 



provisions 



of 



40 



CFR 



265.145(a)(6) which were not 



adopted 



.^y_ 



reference ■ 



" After the trust fund is 



establ ished 



v/henever the 



current post-closure cost 
estimate changes during the 
operating life of the 



f ac il ity . 



the 



operator rriust compare the 



est innte 



with 



the 



trustee's most recent annvial 
valuation of the trust fund. 
If the value of the fund is 
less than the amount of the 
now estimate, the owner or 
operator. v.'ithin 60 days 
after the change in the cost 



est imate . 



must 



either 



deposit an amount into the 
fund so that its value after 
this deposit at least eguals 
the amount of the current 
post-closure cost estimate, 
or obtain other financial 
assurance as specified in 
this Section to cover the 
difference . " 

.0034 INTERIM STATUS 
STANDARDS FOR PERMITTING 
PART 270 
(a) The following provisions 
for permitting requirements 
contained in 48 Fed. Reg. 14,228 
to 14.233, 30,113, and 30,114 
(1983) to be codified in 40 CFR 
270 (Subpart A, General 
Information) have been adopted 
by reference as amended by 48 
Fed. Reg. 39,622 (1983); and 49 



180 



NORTH CAROLINA REGISTER 



Fed. Reg. 47,391 (1984); antl 50 
Fed. Reg. 18,375 (1985); and 51 
Fed. Reg. 10,176 (1986) . 

(b) The following provisions 
for additional permitting 
requirements contained in 48 
Fed. Reg. 14,233 to 14,241, and 
30,114 (1983) to be codified in 
40 CFR 270 (Subpart B, Permit 
Application) have been adopted 
by reference as amended by 48 
Fed. Reg. 39,622 (1983); and 50 
Fed. Reg. 2006, 28,751, and 
28,752 (1985); and 51 Fed. Reg. 
10, 176, and 16,458, (1986) . 

(g) The following provisions 
for additional permitting 
requirements contained in 48 
Fed. Reg. 14,248 (1983) to be 
codified in 40 CFR 270 (Subpart 
G, Interim Status) have been 
adopted by reference as amended 
by 49 Fed. Reg. 17,718 (1984); 
and 50 Fed. Reg. 28,753 (1985); 
and 51 Fed. Reg. 16,459 (1986). 
However, the date ".November 8, 
1985" contained in 40 CFR 
270.73(c) shall be deleted and 
replaced with the date "January 
1, 1986". 

.0035 PERMITTING PROCEDURES 
PART 124 

The following decision-making 
requirements for permits 
contained in 45 Fed. Reg. 33,485 
to 33,493 (1980) to be codified 
in 40 CFR 124 (Subpart A) have 
been adopted by reference as 
amended by 46 Fed. Reg. 36.706 
(1981); 48 Fed. Reg. 30.115 and 
39,620 (1983); and 49 Fed. Reg. 
17,718 and 17,719 (1984) . 

(15) 40 CFR 124.20 
Comnutation of Tine 

.0039 RECYCLABLE MATERIALS 
PART 266 

(e) The following provision 
for "Used Oil Burned for Energy 
Recovery" contained in 50 Fed. 
Reg. 4 9 ,205, 49.206, and 
49.207 (1985) to be codified in 
40 CFR 266.40 to 266.44 (Subpart 
E) have been adopted by 
reference . 

.0041 REQUIREMENTS: HAZARDOUS 
WASTE PROGRAM - PART 271 

The following provisions 
for the sharing of information 
to be codified in 40 CFR 271 . 1 
to 271 .17 have been adopted by 
reference as amended by 50 Fed. 
Reg. 28.754 (1985) and 51 Fed. 
Reg. 10,176 (1986). 

CHAPTER 1 1 - MEDICAL EXAMINER 

SECTION .0700 - FEES PAID 
FOR SERVICES 

.0705 CREMATION FEE 
The county medical 



examiner is authorized a fee of 
thirty-five dollars ($35.00) to 
be paid by the applicant for 
inquiring into the cause and 
manner of death and inspecting 
the body of a decedent who is to 
be cremated or buried at sea. 
The fee is not authorized if the 
death comes within the 
jurisdiction of the county 
medical examiner as specified in 
G.S. 130A-383 or G.S. 130A-384. 
The fee is authorized in the 
investigation of deaths of 
infants with a gestational age 
of 20 weeks or greater if they 
were born alive, and lived for 
more than 24 hours. 
Investigation of still births is 
not required unless there is 
indication that death occurred 
by criminal act or default, or 
under suspicious. unusual or 
unnatural circumstances. Deaths 
in association with medically 
unattended deliveries or 
delivery by a licensed midwife 
are considered to fall within 
the medical examiner's 
jurisdiction as specified in 
G.S. 130A-383 and G.S. 130A-384. 
No inquiry is required in deaths 
of patients resulting only from 
natural disease and occurring in 
a licensed hospital or nursing 
home. No inquiry is required 
prior to cremation or burial at 
sea for bodies donated to the 
Commission for Anatomy or or 

medica l schools iri North 

Carol ina . 

CHAPTER 12 - HEALTH: OFFICES 
OF LOCAL SERVICES 

SECTION .0200 - STANDARDS 

FOR LOCAL HEALTH DEPARTMENT 

.0236 INDIVIDUAL (ON-SITE) 
WATER SUPPLY 

(b) A local health 
department shall establish, 
implement, and naintain written 
policies for the provision of 
orientation and in-service 
training for sanitarians. The 
policies shall include the 
following minimum requirements 
for sanitarians providing 
individual on-site water supply 
services ; 

(1) Initial field training 

for newly employed 
sanitarians ; 

(2) CDC Homestudy Course 
3010-G or its equivalent as 
approved by the division; 

( 3 ) Nor t h Car o l ina S t a te 

Univ e i si t y Food Pro te c t ion 
Gl ' i o r t C o urse err i t s 
oquiv alen t jrs approved by 
t+re divisi o n ; and (43) 
Registration by the Board of 
Sanitarian E.xaminers. 



NORTH CAROLINA REGISTER 



181 



.0239 FOOD: LODGING: AND 

INSTITUTIONAL SANITATI 
Ca) A local health 
department shall provide food, 
lodging. and institutional 
sanitation services within the 
jurisdiction of the local health 
department . A local health 
department shall establish, 
implement, and maintain written 
policies which shall include: 
( 1 ) The frequency of 

inspections of food, 
lodging, and institutional 
facilities with the 
following being the minimum: 

Type of Establishment 

and Frequency 

Bed and breakfast homes 

1 /year , 

Child day-care facilities 

1 /year , 

Education food service 

3/year . 

Inst itut ions 

2/year , 

Local confinement facilities 

1 /year . 

Lodging 

2/year, 

Mass gatherings 

2/gather ing , 

Meat markets 

4/year , 

Migrant housing 

2/year , 

Mobile food units 

4/year , 

Private boarding schools 

and colleges 

2/year , 

Pushcarts 

4/year , 

Residential care facilities 

1 /year , 

Restaurants 

4/year , 

School lunchrooms 

3/year , 

Schools 

1 /year . 

S e asonal es t abl isl ' imen t s 

( opera t e 3 m o n t h s or 

less/y e ai ' ) 

1 /y e ar , 

Summer camps 

1 /year . 

Temporarily closed 

establishments 1/three 

months of operation 

(or part thereof). 

Temporary restaurants. 

food stands, or drink 

stands , 

1/two weeks. Vending machine 

locations representative 

number of locations/year. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the DHR - Division of 
Medical Assistance intends 



to amend regulation cited as 
10 NCAC 26D .0012. The 
ON purpose of the proposed 
regulation is to extend the 
time frame for requesting 
adjustment of a claims 
payment from 90 days after 
initial payment or denial to 
180 days. 

The proposed effective date 
of this action is November 
1, 1986. 

Authority: G.S. 108A-25(b); 
42 C.F.R. 447.45. 

The public hearing will be 
conducted at 1 :30 p.m. on 
August 15. 1986. at the 
North Carolina Division of 
Medical Assistance. 1985 
Umstead Drive, Raleigh, NC, 
Room 201-A. 

Comment Procedures: Written 
comments concerning this 
amendment must be submitted 
by August 15, 1986 to 
Director, Division of 
Medical Assistance, 1985 
Umstead Drive, Raleigh, NC 
27603. Oral comments may be 
presented at the hearing. 

SUBCHAPTER 26D - LIMITATIONS 
ON AMOUNT: DURATION AND SCOPE 

.0012 TIME LIMITATION 

(a) To receive payment, claims 
must be filed: 

CI ) Within 365 days of 

the first date of service 
for services other than 
inpatient hospital services; 

(2) Within 365 days of 

the date of discharge for 
inpatient hospital services 
or not to exceed the 
ilimitations as specified in 
42 C.F.R. 447.45; 

(3) Within 90 days of the 
Medicare 

or other third party payor. 

(b) Providers must file 
adjustments no later than 96 1 80 
days after date of payment or 
adjustment will not be made. 



Notice is hereby given in 
accordance with G.S. 1508-12 
that the DHR - Division of 
Medical Assistance intends to 
amend regulations cited as 10 
NCAC 26G .0403; 10 NCAC 26G 
.0504; 10 NCAC 26G .0511; 10 
NCAC 26G .0601 and 10 NCAC 26G 
.0602. The purpose of the 
proposed regulations is to 
update the procedure by which 
providers request an 
administrative review of 
investigative findings in 



182 



NORTH CAROLINA REGISTER 



accordance with the requirements 
set out in Chapter 150B of the 
General Statutes. 

The proposed effective date of 
this action is December 1, 1986. 

Authority: G.S. 108A-25(b); 
1508-11; 42 C.F.R. Part 455; 42 
C.F.R. Part 456. 

The public hearing will be 
conducted at 1:30 p.m. on 
September 17, 1986 at the North 
Carolina Division of Medical 
Assistance, 1985 Umstead Drive, 
Raleigh, North Carolina, Room 
201 -A. 

Comment Procedures: Written 
comments concerning these 
amendments must be submitted by 
September 17, 1986 to Director, 
Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, NC 
27603. Oral comments may be 
presented at the hearing. 

SUBCHAPTER 26G -PROGRAM INTEGRITY 

SECTION - .0400-AGENCY 

RECONSIDERATION AND 
EXECUTIVE DECISIONS 

.0403 EXECUTIVE DECISION FOR 
PROGRAM ABUSE 

(a) The Deputy Director of the 
Division of Medical Assistance 
shall have the authority to 
render the Executive Decision ort 
bc-hjlf o^ "btre S e cre t ary o-£ -Hre 
Department o^ Hu m an Resourc e s in 
cases of Medicaid abuse. 

(b) Except in cases of 
recommended suspension or 
termination, the provider will 
be offered, in writing, the 
opportunity to request an 
Executive Decision on the 
tentative determination and the 
reasons thereof. The provider 
will be instructed to submit a 
written request for an Executive 
Decision. The ins t ructions will 
allow t h e provider a minimum trf 
fif tee n working days t-o make 
sucit a request for an C.xecut ive 
Decision . The instructions will 
allow the provider a miiiimui n o-f 
fifteen working days to make 
such a request and will specify 
to whom to address the request . 
Unless the request is received 
by within the sp e cified t ime 
tim e specified . the tentative 
decision will become the 
Division's final decision. 
Fur t her , t+re p r o vid er slinll ire 
inf orme d tliat t+re C: ' :ecu t ive 
Decision -irs final zmri -Hrat tire 
provider has m fur titer 
adiui]il.:: t rativ e r e v lew . 

(c) Upon receipt of the 



provider's request for an 
Executive Decision, the Chief, 
Program Val idat ion Integrity 

Section, shall prepare for the 
Deputy Director of the Division 
written statements of the matter 
in dispute and the position of 
the Program Valida t i o n Integrity 
staff, citing laws, regulations, 
rules and policies upon v/hich 
the position relies, together 
with such documentation, 
records, papers, correspondence, 
etc., pertinent to the tentative 
decision and necessary for an 
understanding of the written 
statements. Further, he shall 
give written notice to the 
provider regarding the referral 
to the Deputy Director of the 
Division of Medical Assistance 
for an Executive Decision of the 
matter in dispute. The notice 
shall state that the provider 
may submit to the Deputy 
Director of the Division of 
Medical Assistance, within 
fifteen working days of the date 
of the notice, a written 
statement of the provider's 
position, together with 
documents, records, papers, 
etc., which the provider feels 
is necessary for understanding 
the position statement. 

(d) The Deputy Director of the 
Division shall make the 
Executive Decision for 
disposition of the matter in 
dispute. Thcr ' - ■ -irs rro further 
level o^ adm ii ' i is t r a t iv e r e view 
available t-o tiro provider . 

(e) The Executive Decision 
shall be sent to the provider by 
certified mail within ten 
working days following the date 
the provider's written position 
statement is received. The 

decision shall contain a 

statement of the provider's 
right to request a contested 
case hearing in accordance with 
the provisions of 10 NCAC IB 
.0200. The provider shall have 
fifteen working days to request 

a contested case hearing. 

Unless the request is received 
within the tine provided, the 
E.xecutive Decision will become 
the Division's final decision. 
In processing the contested case 
request, the Director of the 
Division of Medical Assistance 
shall serve as the Secretary's 

designee and shall be 

responsible for naking the final 
aciency decision. 

(f) The E.xecutive Decision 
shall be accompanied by the 
schedule for implementing the 
administrative measures and/or 
recoupment plan, if applicable. 



SECTION .0500 



PEER REVIEW 



NORTH CAROLINA REGISTER 



183 



.0504 COMPOSITION OF PEER 

REVIEW BOARD 
(a) The Medicaid Agency will 
establish five standing 
committees representing the 
various professions, which shall 
act as Peer Review Boards. 

( 1 ) The Medical Peer Review 
Board which sits to review a 
particular case shall be 
composed of seven members of 
the standing committee 
chosen by the Director, 
Division of Medical 
Assistance or his designee. 
The Peer Review Board shall 
designate one of the board 
members as the Chi e f H e ar in g 
Officer chairman . 
(2) The Dental Peer Review 
Board which sits to review a 
particular case will be 
composed of three members of 
the standing committee and 
two members of the dental 
district committee and two 



members o 


f the 


dental 


district committee fromthe 


area in wh 


ich the 


provider 


practices . 


The 


district 


committee members 


who serve 


on the 


board 


for a 


particular 


case 


shall be 


chosen by 


the 


Director , 


Division 


of 


Medical 



Assistance or his designee. 
(3) The Podiatry, Optometry, 
and Chiropractic Peer Review 
Boards which sit to review 
particular cases in their 
speciality shall be composed 
of three members of the 
Podiatry, Optometry, and 
Chiropractic standing 
committees respectively. 
The three members shall be 
chosen by the Director, 
Division of Medical 
Assistance or his designee. 



(a) 

chai 



boar 

cont 

revi 

resp 

(1 

or 

(2 

th 

(3 

wi 

(4 



.0511 PEER REVIEW 

PROCEDURES 
The Cliief Hearin g Offi cer 
rman of the peer review 
d shall have complete 
rol over the conduct of the 
ew proceedings and will be 
onsible for; 

the review to 



presenting the Medicaid 
Agency's case; 

(6) having a record made of 
the proceedings which must 
include the peer review 
board's findings, 
conclusions, and 
recommendations, and 

(7) proceedings where oral 
evidence is presented shall 
be tape recorded, but need 
not be transcribed unless a 
party to the proceedings 
requests a transcript. The 
party requesting a 
transcript, or part thereof, 
must pay for the transcript. 
Either party may provide a 
court reporter at its 
expense . 

(f) The provider shall have 
fifteen days from receipt of the 
findings, conclusions, and 
recommendations in which to file 
with the Deputy Director of the 
Division of Medical Assistance a 
written rebuttal or comment. 
This response may not contain 
new evidence. The deputv 
director must consider the 
rebuttal before making a 
decision on the board's 
recommendations. Only The 
divisi o n deputv director shall 
make a determination as to what, 
if any, sanctions, remedial 
measures and/or recoupment 
actions shall be imposed on a 
provider. Only The division 
Deputv Director shall have the 
authority to i.-npose sanctions, 
remedial measures and/or 
recoupment actions against a 
provider. The div ision Deputv 
Director is not bound by the 
board's recommendations; irt he 
is bound by the board's findings 
of fact and conclusions 
regarding medical issues . The 
divisi o n ' s Deputv Director's 
decision shall be in writing and 
shall contain a statement of the 
provider's right to request a 

contested casq hearing in 

accordance with the provisions 
of 10 NCAC IB .0200. The 
provider shall have fifteen 
working days to request 



contested case hearing. 



Unless 



the request is recevied within 

the time prescribed, the Deputv 

the purpose of Director's decision will become 

the division's final decision. 



) calling 
der; 

) stating 
e review; 

) recognizing speakers and 
tnesses ; 

) ensuring that 
presentations are pertinent 
and nonrepet it ious ; 
(5) ensuring that the 

provider has a full and fair 
opportunity to present his 
defense and question or 
rebutt the person(s) 



In p 



requ 



rocessinq the contested case 
est, the Director of the 



Division of Medical Assistance 
shall servo as the Secretary's 



designee 



and 



shall 



be 



responsible for making the final 
agency decision. 

SECTION .0600 - HEARINGS 

CONCERNING QUESTIONS OF 
SUSPENSION OR TERMINATION 



184 



NORTH CAROLINA REGISTER 



.0601 AUTHORITY AND PURPOSE 
Hearings shall be conducted 
accordin g "bo in accordance with 
the provisions of Gubchap tcr 26 
trf Ti t l e 22 10 NCAC IB .0200 «rf 
t+te North Carol iiia 
Adminibtrativ e Cod e , whenever 
the division has recommended 
suspension or termination of the 
provider . 

.0602 ORGANIZATION 

AND FUNCTION 

(a) As used in Gubcltap ter 

26 trf Ti t l e 22 «rf «re North 
Carolina Adminis t ra t ive Code 1 
NCAC IB .0200, the word agency 
"department" shall mean the 
North Carolina Department of 
Human Resources, Division of 
Medical Assistance. 

(b) For- tli e purpos e «rf 
conduv- t ing liearlngs concern e d 
vji t ]^ administra t ive issues -Hre 
division direc t or shall appoin t 
■a hearin g offic e r according -to 
Subchapt er 2€ trf Ti t le 22 NCAC . 
In selectincf hearing officers 
and in issuing final decisions 



contested 



the 



Director, Division of Medical 
Assistance shall serve as the 
Secretary's designee. 

(c) For tlie purpose erf 
conduct ing hear ings conc e rning 
medical issues according tro 
Gubcliapter 26 erf t+re Ti t l e "2:2 xrf 
"the Nor th Carolina 
Adminis t rative C o de ; 

( 1 ) The following pei ' soiis are 
hereby designat e s irs pe e r 
r eview boards and "presiding 
o fficers" jrs t ha t t-er-m ts 
used -in Sub c ha pter iQ trf 
Ti t l e 2:2 NCAC , the M e dical 
Den t al , Podiatry , Optometry , 
arrd Chiropractor P e e r R e view 
B o a r ds , jrs se t for t li a Rule 
. C504 o-f t his Subchapter , 
t ogether w-rth a liear ing 
officer , w^-to sliall be 
w it I lou t vote "im t lie 
deliberation o-f t li e b o a r d . 
(2) The heariiig o ffi c er , trs 
tire chairman trf t+te board tyf 
pr e siding offic e rs ptrr Ti t l e 
22 NeAe 26 Rtrire .0301 -etrt- 
-t2^-r shall handle jriri 
pr e hearing niattei. s . co nduc t 
t he h e ar ing . draft t+re 
proposed decision artd do 
ot he r things r eq uir e d o-f lii i n 
by t+re P eer R e view Board . 
( 3 ) Wh e never a p e er r e view -rs 
conduct e d according t-o t+re 
procedu it-' s prov ided -ftrr -irt 
t liis Sec t io]i , t+re Pe e r 
Review Board may r e comm e nd 
•in -it-s proposed decision . 
and the division may impose 
■irt t+re final agency decisi o n 
sus p ension trr t erminati o n of 
t+re provid e r , -in accordance 



wi t h t+re s t andards 
e s t ablish e d by iaw or 
r e gulat i o ns for trtte 
sus pe nsion of te rminatluji 
( some t im e s call e d "leek 
ou t " ) of M e dicaid pr ovid e i ' s . 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the DHR - Division of 
Medical Assistance intends 
to amend regulations cited 
as 10 NCAC 26H .0106, .0204, 
and .0304. The purpose of 
the proposed regulations is 
to clearly define the appeal 
process for Medicaid 
provider rate disputes in 
accordance with N. C. G. S. 
150B. 

The proposed effective date 
of this action is December 
1, 1986. 

Statutory Authority: 6. S. 
10A-25(b); 108A-54; 1503-11. 

The public hearing will be 
conducted at 1 :30 p.m. on 
September 19, 1986 at the N. 
C. Division of Medical 
Assistance, 1985 Umstead 
Drive, Raleigh, North 
Carolina, Room 201 . 

Comment Procedures ; Written 
comments concerning these 
amendments must be submitted 
by September 19, 1986 to 
Director, Division of 
Medical Assistance, 1985 
Umstead Drive; Raleigh, N. 
C. 27603. Oral comments may 
be presented at the hearing. 

SUBCHAPTER 26H - REIMBURSEMENT 
PLANS 

SECTION .0100 - REIMBURSEMENT 

FOR SKILLED NURSING 

FACILITY AND 

INTERMEDIATE CARE 

FACILITY SERVICES 

.0106 APPEALS 

(a) Providers may appeal 
their r a te s rate determinations 
and/ o r re imbu r se ;7 icn t s ett l c i i ients 
usin g . Those appeals will be 

processed according to 

procedures set forth in 1 NCAC 
26J 

.0200. 

SECTION .0200 - HOSPITAL 

INPATIENT REIMBURSEMENT 
PLAN 

.0204 ADMINISTRATIVE APPEALS 

( a ) Appeals of rate 
determinations will be processed 

in accordance with the 

provisions of 10 NCAC 26J .0200. 



NORTH CAROLINA REGISTER 



185 



Appeals must be submitted to the 
Division of Medical Assistance 
within sixty days after rate 
notification, unless unexpected 
conditions causing intense 
financial hardship arise, in 
which case an appeal may be 
considered at any time. 



usable rate 


cannot 


be 


obtained. 


services are reimb 


ursed at 


seventv 


-five 


perce 


nt 


of billed 


charqes 


or a 


neqotiate 


d rate not 



SECTION .0300 



- ICF-MR 
PROSPECTIVE 
RATE PLAN 



.0304 PROVIDER APPEALS 
Rate appeals must be filed 
in writing within 60 days after 
a provider receives notification 
of its prospective rate. Such 
appeals an; subjec t ttj t+rc 
Rei m burs e men t and Adminis t ra t ive 
R e vi e w p rocess a-s s et f o i t li in 

will be processed in accordance 
with the provisions of 10 NCAC 
26J .0200. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the DHR - Division of 
Medical Assistance intends to 
amend regulation cited as 10 
■NCAC 26H .0202. The purpose of 
the proposed regulation is to 
establish options for paying 
out-of-state hospitals 

participating in the Medicaid 
Program . 

The proposed effective date of 
this action is December 1. 1986. 

Authority: G.S. 108A 25(b); 
108A-54; 108A-55; S. L. 1985, 

c. 479, s. 86; 42 C.F.R. 447, 
Subpart C . 

The public hearing will be 
conducted at 1 : 30 p.m. on 
September 15, 1986 at the N. C. 
Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, 
North Carolina 27603, Room 201 . 

Comment Procedures: Written 
comments concerning these 
amendments must be submitted by 
September 15, 1986 to Director, 
Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, 
North Carolina 27603. Oral 
comments may be presented at the 
hearing . 

SECTION .0200 - HOSPITAL 
INPATIENT 

REIMBUREEMENT PLAN 



.0202 RATE 
(f) Out-of- 


SETTING METHODS 
state hospital 


services 




are 


ro imbursed 


according 




to 


the 


rates 


estnbl ishod 


bv 


the 


Medicaid 


Aqcncv of 


the 


Stat 


e in 


which the 


hospital 


is 


located . 


If a 



to e.xceed reasonable cost , 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the DHR - Division of 
Medical Assistance intends to 
amend regulations cited as 10 
NCAC 26H .0302 and .0303. The 
purpose of the proposed 
regulations is to make changes 
to the ICF-MR Prospective Rate 
Plan as follows: 1. 10 NCAC 26H 
.0302 - to delete references to 
sections of the ICF-SNF 
Reimbursement Plan which are 
contained in but not applicable 
to the ICF-MR Rate Plan. 2. 10 
NCAC 26H .0303 - to delete 
utilities cost as a separate 
component in the composite 
inflation rate and to delete the 
provision that prohibits interim 
rate increases in the event that 
new annual prospective rates are 
delayed . 

The proposed effective date of 
this action is December 1, 1986. 

Statutory Authority: G.S. 
108A-25Cb); 108A-54; 108A-55; S. 
L. 1985, c. 479, s. 86; 42 
C.F.R. Part 447, Subpart C. 

The public hearing will be 
conducted at 1:30 p.m. on 
September 15, 1986 at the N. C. 
Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, 
North Carolina 27603, Room 201 . 

Comment Procedures: Written 
comments concerning these 
amendments must be submitted by 
September 15, 1986 to Director, 
Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, 
North Carolina 27603. Oral 
comments may be presented at the 
hearing . 

SECTION .0300 - ICF-MR 

PROSPECTIVE RATE 
PLAN 



.03 



(a) 
are 
with 
f isc 
shal 
in 

Stat 
e.xte 
for 
the 

(b) 



02 ALLOWABLE COST 
FINDING: REPORTING 
AND VERIFICATION 

Annual cost reports 
required from all providers 
in 90 days after their 
al year end. These reports 
1 be presented on forms and 
a format approved by the 
e agency. A 30 day 
nsion of the due date may, 

good cause, be granted by 
state . 

These cost reports shall 



186 



NORTH CAROLINA REGISTER 



detail the providers cost for 
the entire reporting period, or 
for the period of participation 
in the plan if less than a full 
cost reporting year, for 
allowable costs. The allowable 
reasonable, and necessary costs 
of any services are determined 
in accordance with regulations 
(HIM-15) establishing the method 
or methods to be used and the 
items included. coiiaisttfiit wi t h 
tire applicable proviaiona trf SNT 
ieP Rtrire +# NeA€ 26« .0103; 
ALLOWABLE ees? IDCNTinCATION, 
trf this Subchap te r . 

(c) Allowable costs will be 
recora3d on the basis of 
generally accepted accounting 
principles using the accrual 
method of accounting. 

(d) Each cost report will be 
verified by the state agency or 
its representative for 
completeness, accuracy and 
reasonableness through a desk 
review. Desk reviews are to be 
completed within six months from 
the date of submission. A desk 
audit or field audit of the cost 
report will be performend as 
required. irt 42 6FR AA7 .291 and 
^47.2 9 2. 

All cost reports will be desk 
reviewed in accordance with 
standard procedures. On-site 
audits will be performed in 
accordance with applicable state 
and federal laws and 
regulations. Onsid e audi t 
policies ami pr o cedure;. sliall 
follow t liose se t fcirtli -in Rules 
+0 N€Ae a6« .0102 -(-H- -(-j^ trf 
thors Gubcliap te r . 

.0303 METHODS AND STANDARDS 
FOR DETERMINING RATES 

(a) Prospective rates for each 
ICF-MR provider shall be 
determined annually to be 
effective for a 12-month period 
beginning July 1 and ending the 
following June 30 . These rates 
shall be derived from actual 
cost data from a base year to be 
selected by the state presented 
in cost reports submitted to and 
audited by the state agency. 
The year to which this cost 
report applies shall be known as 
the base year. Appropriate 
adjustments may be made to these 
base year costs to accommodate 
changes in applicable federal 
and state laws or regulations. 

(b) The per diem rate for 

each provider in the base year 
shall be determined by dividing 
the total allowable costs in 
that year by the total actual 
number of patient days. 

(c) The base year per diem 
rate for each provider will be 
inflated from the base year to 



the year in which the rate will 
apply using inflation factors 
for each intervening year 
computed as follows; 

( 1 ) Cost data from the base 
year cost reports will be 
aggregated to determine the 
proporation (percent of 
total) of cost in each of 
the following categories: 
(A) Labor; 
■e&> Utilities; 

(B) 

Other Operating; 
-»+ (C) 
Capital which includes 
the cost for use or 
ownership of physical 
plant and movable 
equipment . 
(2) Inflation rates for each 
category will be established 
using official estimates of 
inflation provided by the 
North Carolina office of 
Budget and Management for 
the year in which the rate 
shall apply. 

(A) Labor costs shall be 
inflated by the estimate 
of the increase in Average 
Annual Service Wages in 
North Carolina, adjusted 
for any special factors 
related to ICF-MR 
personnel. however, 
salaries for all personnel 
shall be limited to levels 
of comparable positions in 
state owned facilities or 
levels specified by the 
Director of the Division 
of Medical Assistance; 
+©-> U t il i t ics cos t s 

s hall be infla te d by t^re 
mean av er ag e of the 
cb t ima t ed incr e as e for t he 
following . 

Elec t ricity prices , 
Natural Gtrs Pr ic e s , Fu e l 
e-ri arrd ot h er U t ili t ies 
Fi ices ; 
-(-64 (B) Other costs shall be 
inflated by the estimate 
of the Implicit Price 
Deflator for the U. S. 
Gross National Product; 
however, management fees 
shall be limited to a sum 
equal to seven percent of 
the Maximum ICF rate in 
the state during the 
current fiscal year; 

(CI 
Capital cost shall not 
be inflated. The annual 
capital cost or lease 
expense shall be limited 
to the sum of (c) (2) (D) 
(i) and (ii) as follows: 
( i) The annual 



NORTH CAROLINA REGISTER 



187 



depreciation on plant 
and equipment that would 
be computed on assets 
equal to twenty-five 
thousand dollars 
($25,000) per bed during 
the fiscal year 1982-83 
adjusted for changes in 
the Dodge Building Cost 
Index of North Carolina 
cities for each year 
since 1982-83. This 
amount is computed using 
the straight-line method 
of depreciation and the 
useful life standards 
established by the 
American Hospital 
Association . 
(ii) An interest 

allowance equal to 10 
percent of the maximum 
allowed historical cost 
used to compute the 
annual depreciation in 
(c) (2) (D) (i) of this 
Rule. 

(iii) This capital/lease 

limit does not apply to 
leases in effect prior 
to August 3, 1983. 

( iv ) The State may waive 

this capital/lease limit 
for group homes 
established pursuant to 
the provisions of 
Chapter 858 of the 1983 
Session laws provided 
that the per diem rate 
of any such group home 
does not e.xceed the per 
diem of the institution 
from which certified 
beds are transferred. 

(3) Rates determined in 

10 NCAC 26H .0303(c) (2) 
will be multiplied times the 
percentages determined in 10 
NCAC 26H .0303(c) (1) to 
obtain a weighted inflation 
rate for each category of 
cost . 

(4) The weighted rates 
determined in 10 NCAC 26H 
.0303(c) (3) will be added 
to obtain the composite 
inflation rate. 

(5) No inflation factor 

for any provider will exceed 

the maximum amount permitted 

for that provider by federal 

or state law or regulation. 

(d) The prospective rate 

established in Paragraph (c) of 

this Rule, will be paid to the 

provider for every medicaid 

eligible day during the year in 

which it will apply. These 

prospective rates may be 

determined after the date in 

which they are to go into effect 

and paid retroactively to that 

date. Durin g su c li a pe r i od ++re 

pL ecediiiy p v o s p ect ive rate's 



shall he paid -to t+t« pi - eivid e i «, 
un t il -Htv new rat e s arw 
d ete rmin e d . 

(e) If allowable costs are 
less than prospective payments 
during a cost reporting period, 
a provider may retain one-half 
of the difference between costs 
and payments, up to an amount of 
one dollar ($1.00) per patient 
day. The balance of unexpended 
payments must be refunded to the 
Division of Medical Assistance. 

(f) new providers are those 
that have not filed a cost 
report in the base year covering 
at least one full year of normal 
operations. These providers 
shall have a rate established by 
the Division of Medical 
Assistance using budgeted data. 
This rate for a new facility 
shall not exceed the median rate 
for all existing facilites. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the DHR - Division of 
Medical Assistance intends to 
adopt regulations cited as 10 
NCAC 26J .0201 -.0206. The 
purpose of the proposed 
regulations is to more clearly 
define the appeal process for 
Medicaid provider rate disputes 
in accordance with N.C.G.S. 
150B. 

The proposed effective date of 
this action is December 1, 1985. 

Statutory Authority: G.S. 
10A-25(b); 108A-54; 150B-n. 

The public hearing will be 
conducted at 1:30 p.m. on 
September 19, 1986 at the N.C. 
Division of Medical Assistance, 
1985 Umstead Drive, Room 201, 
Raleigh, North Carolina. 

Comment Procedures: Written 
comments concerning these 
adoptions must be submitted by 
September 19, 1986 to Director, 
Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, N. 
C. 27603. Oral comments may be 
presented at the hearing. 

SUBCHAPTER - 26J - TITLE XIX 
REIMBURSEMENT AND 
ADMINISTRATIVE REVIEW 
PROCESS 

SECTION .0200 - RATE REVIEW 
PROCESS 

.0201 ADMINISTRATIVE CONFERENCE 

(a) Rates are set for providers 
pursuant to the applicable 
provisions of 10 NCAC 26H . 

(b) Following receipt of the 
rate 



188 



NORTH CAROLINA REGISTER 



notice a provider may file a 
request for an administrative 
conference with the Division of 
Medical Assistance to request a 
change to its rate. 

(c) Any request must be made 
within the time period 
designated in the applicable 
section of 10 NCAC 26H and must 
be submitted in conformance with 
applicable provisions of 10 NCAC 
26H. 

.0202 REQUEST FOR 

ADMINISTRATIVE CONFERENCE 

A request for an 
administrative conference must 
be made in writing and signed by 
the provider or its 
representative. It must state 
the provider's specific 
dissatisfaction with the rate 
determination and the desire to 
have the matter reviewed 
further. The provider must 
further cite the specific 
provisions of state or federal 
law and regulations, including 
10 NCAC 26H, under which it 
seeks the rate determination to 
be reviewed . The request for a 
conference should be sent to: 

Assistant Director, 

Financial Operations 

Division of Medical Assistance 

North Carolina Department of 

Human Resources 

1985 Umstead Drive 

Raleigh, North Carolina 27603 

Each request for an 
administrative conference must 
be disposed of in one of the 
following ways: 

(1) Conducting an 
administrative conference; 

(2) Denying the request for 
cause (i.e.. State Statutes, 
Medicare, Late Request); or 

(3) Accepting a withdrawal 

at the request of the 
provider or its 
representative . 

.0203 REPRESENTATIVE FOR 
THE PROVIDER 

(a) A provider may appoint an 
attorney, accountant, or other 
individual to act as its 
authorized representative. A 
written statement setting forth 
the name, address, and telephone 
number of a representative 
designated by the provider shall 
be sent to the assistant 
director . 

(b) The representative may 
exercise any and all of the 
rights given to parties in the 
conference process on behalf of 
the provider he is representing. 
Notice of meeting date, request 
for information, the 



administrative conference 
decision and final decision 
shall be sent to such authorized 
representative. Copies of such 
documents will be sent to the 
provider only if written request 
is made to the assistant 
director . 

.0204 ADMINISTRATIVE 

CONFERENCE 

TO BE HELD 
The Division of Medical 
Assistance will arrange an 
administrative conference with 
the provider and/or its 
representative. However, 

written arguments describing and 
supporting its position may be 
accepted from the provider as a 
substitute for an administrative 
conference if the assistant 
director for Financial 
Operations and the provider 
mutually agree to the 
substitution. The submission of 
such written arguments do not 
limit the right of either the 
assistant director or the 
provider to require an 
administrative conference to be 
held prior to the issuance of a 
proposed division decision. 

.0205 PROPOSED DIVISION 
DECISION 

Following the administrative 
conference, the Assistant 
Director for Financial 
Operations shall, within ten 
days or such additional time 
thereafter as specified in 
writing within the ten days, 
present his decision to the 
provider or its representative. 
The provider then has ten days 
in which to file a request for a 
contested case hearing with the 
Director of the Division of 
Medical Assistance. If the 
provider does not file a request 
for hearing within ten days, the 
decision issued by the Assistant 
Director for Financial 
Operations shall become final. 

.0206 FINAL DECISION 

All requests for contested case 
hearings shall be processed in 
accordance with 10 NCAC IB 

.0200. In appointing the 
hearing officer and issuing the 
final decision, the Director of 
the Division of Medical 
Assistance shall serve as the 
designee of the Secretary. 

TITLE 13 - DEPARTMENT OF LABOR 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Boiler and Pressure 
Vessel Division intends to amend 
regulation cited as 13 NCAC 13 



NORTH CAROLINA REGISTER 



189 



.0402(a). The purpose of the 
proposed regulations is to 
exempt ASME Code constructed 
pressure vessels which were 
operated by an owner in another 
jurisdiction prior to January 1, 
1979 and are transferred for 
operation in this State from the 
additional stamping requirements 
of 13 NCAC .0402(a) as long as 
there has been and is no change 
in ownership of the vessel . 

The proposed effective date of 
this action is November 1, 1986. 



Statutory Authority: 
95-69. 1 1 and 95-69. 14. 



G.S. 



The public hearing will be 
conducted at 2:00 p.m. on 
Monday. August 25. 1986, Room 
614, Cooper Memorial Building, 
225 North McDowell Street, 
Raleigh . 

Comment Procedures: People 
wanting to present oral 
testimony at the hearing, or who 
want to have written testimony 
read at the hearing, should 
provide a written summary of the 
proposed testimony to the 
department by August 18, 1986. 
Oral presentations will be 
limited to 15 minutes each. 
Written statements not presented 
at the hearing will be accepted 
by the department until 
September 4, 1986. All 
correspondence should be 
directed to: B. L. Whitley, N.C. 
Department of Labor, Boiler and 
Pressure Vessel Division, 214 W. 
Jones St., Raleigh, NC 27603. 
Interpreters for the hearing 
impaired will be made available 
if requested 24 hours in 
advance . 

SECTION .0400 - GENERAL 

REQUIREMENTS 

.0402 ADDITIONAL STAMPING 
AND REGISTRATION 

(a) Power boilers installed 
after November 1, 1935, heating 
boilers (except cast iron 
boilers) installed after January 
1, 1976, and pressure vessels 
installed after January 1, 1979, 
shall bear the national board 
stamping and the manufacturer's 
registered national board 
number. This reouirement shall 
not apply to ASME Code 



constructed 


pressure 


vessels 


which were 


operated 


by 


an 


o '.■; n e r 


in another iurisdict 


ion 


prior to 


January 1 


1979, 




and 


are 


transferred 


for operat 


ion 


at a 


location in 


this State 


, so 


long 


as there h 


as been 


an 


d is no 



change in the ownership of the 

ve-^sel . 

TITLE 15 - NATURAL RESOURCES 
AND COMMUNITY DEVELOPMENT 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Environmental 
Management Commission intends to 
amend regulation cited as 15 
NCAC 2B .0304(e). The purpose 
of the proposed regulation is to 
reclassify the South Toe River 
and all its tributaries upstream 
of U.S. Hwy 19E by adding an 
Outstanding Resource Waters 
(ORW) classification to the 
e,xisting C-trout and B-trout 
classifications. This 

classification will provide 
additional protection of the 
e.xcellent water quality and the 
native trout waters of these 
streams . 

The proposed effective date of 
this action is December 1, 1986. 



Statutory 
143-214. 1 . 



Authority: 



G.S. 



The public hearing will be 
conducted at 7:00 p.m. on August 
21, 1986 at South Toe River 
School, N.C. Hwy 80, Burnsville, 
N.C. 28714. 

Comment Procedures: All persons 
interested in this matter are 
invited to attend. Comments, 
statements, data and other 
information may be submitted in 
writing prior to, during, or 
within thirty (30) days after 
the hearing or may be presented 
orally at the hearing. Oral 
statements may be limited to 
five (5) minutes at the 
discretion of the hearing 
officer and presentations 
e.xceeding three (3) minutes are 
requested to have a written copy 
vjhich will be filed with the 
hearing officer. 



SUBCHAPTER 2B -SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 -ASSIGNMENT OF 
STREAMS CLASSIFICATION 

.0304 FRENCH BROAD 
RIVER BASIN 

(c) The French Broad 
River Basin Schedule of 
Classifications and Water 
Quality Standards was amended 
effect ive : 

(1 ) September 22, 1976; 

(2) March 1 , 1977; 

(3) August 12, 1979; 

(4) April 1, 1983; 



190 



NORTH CAROLINA REGISTER 



(5) August 1, 1984; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) December 1 , 1986; 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Environmental 
Management Commission intends 
to amend regulation cited as 
15 NCAC 2B .0305(c). The 
purpose of the proposed 
regulation is to reclassify 
the Watauga River "From source 
to U.S. Hwy 321 Bridge" from 
Class C-trout to Class 
B-trout . This change will 
protect this portion of the 
river for frequent swimming. 

The proposed effective date of 
this action is December 1 , 
1986. 



regulations cited as 15 NCAC 33 
.0101 (a); .0401; .0402 (4); 
.0404; 

.0504; .0902; .1111; .1501; 
.1502; .1505. The purpose of 
the proposed regulations is to 
clarify jurisdiction, amend 
striped bass regulations to 
allow other fisheries to 
operate, restrict the taking of 
small flounder in the ocean; 
adjust areas designated for use 
of pots; include mussels in 
restrictions for polluted areas 
and clarify process for 
designation of 

polluted/prohibited areas. 

The proposed effective date of 
this action is November 1, 1986. 

Statutory Authority: G.S. 
113-134; 113-182; 143B-286. 



Statutory Authority: 
143-214.1 . 



G.S. 



The public hearing will be 
conducted at 7:00 p.m. on 
August 20, 1986 at Watauga 
County Courthouse,' 

Commissioners Meeting Room, 
West King Street, Boone, N.C. 
28714. 

Comment Procedures: All 
persons interested in this 
matter are invited to attend. 
Comments, statements, data and 
other information may be 
submitted in writing prior to, 
during, or within thirty (30) 
days after the hearing or may 
be presented orally at the 
hearing. Oral statements may 
be limited to five (5) minutes 
at the discretion of the 
hearing officer and 
presentations exceeding three 
(3) minutes are requested to 
have a written copy which will 
be filed with the hearing 
officer . 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSIFICATION 

.0305 WATAUGA RIVER BASIN 
(c) The Watauga River 
Basin schedule of 
Classifications and Water 
Quality Standards was amended 
effective : 

(1) August 12, 1979; 

(2) February 1, 1986; 

(3) December 1 , 1986. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the NC Marine Fisheries 
Commission intends to amend 



The public hearing will be 
conducted at 7:30 p.m. on August 
18, 19, 20, 21, 25, 1986 at: 
August 18 - County Office 
Building, Hertford, NC; August 
19 - District Court Room, 
V^ashington, NC; August 20 - Duke 
University Marine Lab Aud . , 
Beaufort, NC; August 21 - New 
Hanover County Courthouse, Room 
302, Wilmington, NC; August 25 - 
Ground Floor Hearing Room, 
Archdale Building, Raleigh, NC . 
Business Sessioji - September 23, 
1986, Division of Marine 
Fisheries Conference Room, 
Morehead City, NC. , - 10:00 a.m. 

Comment Procedures; Comments and 
statements, both written and 
oral, may be presented at the 
hearing. Written comments are 
encouraged and may be submitted 
to the Marine Fisheries 
Commission, P.O. Box 769, 
Morehead City, NC 28557. These 
written and oral comments must 
be received no later than 
September 5, 1986. 

SUBCHAPTER 3B - FISHERIES 
REGULATIONS FOR 
COASTAL WATERS 

SECTION .0100 - GENERAL 
REGULATIONS 

.0101 SCOPE AND FUNCTION 
(a) The regulations herein 
are applicable in all coastal 
waters of North Carolina, 
including joint fishing waters, 
and in the Atlantic Ocean witliin 
tl ' ir e e nautical miles trf tire 
beach . 

SECTION .0400 - NET REGULATIONS 
SPECIFIC 

.0401 ALBEMARLE SOUND 



NORTH CAROLINA REGISTER 



191 



AND TRIBUTARIES 
In Albemarle Sound 
and tributaries: (including — 
btrt no+ limit e d ■tvr Chowan 
River, excluding and Currituck 
Sound and its tributaries): 

( 1 ) From January 1 through 

May 31,. no gill net shall be 
used which has a mesh length 
less than three inches in 
Albemarle Sound and 
tributaries, between the 
mouth of Roanoke, Middle, 
Eastmost and Cashie Rivers 
and the U.S. 64-264 bridges 
trt across Roanoke and Croatan 
Sounds . 

(2) From June 1 through 
September 30, no gill net 
shall be used with a mesh 
length less than five inches 
in the Albemarle Sound and 
tributaries between the mouth 
of Roanoke, Middle, Eastmost, 
and Cashie Rivers and the 
U.S. 64-264 bridges a^ across 
Roanoke and Croatan Sounds, 
except gill nets may ire us e d 
with a mesh length not 
e xce e ding of three inches or 
less witli -Htc floa t 1 in e 
visible and floating a+ t^re 
water ' s surfac e srtd reachiiig 
no further t han 2^^ yards 
from t+re shoreline . Gill 
n e ts wi t h a m^^s+t length no t 



e . ' ti-eeuing 
irs and 
fisherman 



thr e e inclie s sliall 
attended by the 
who shall not be 
more than 100 yards from such 
nets at all times. No 
fisherman shall use more than 
400 yards of nets with a mesh 
length of three inches or 
less . 

(3) From October 1 through 
December 31 , no gill net 
shall be used which has a 
mesh length less than three 
and one-half inches in 
Albemarle Sound and 
tributaries between the mouth 
of Roanoke, Middle, Eastmost, 
and Cashie Rivers and the 
U.S. 64-264 bridges a-t across 
Roanoke and Croatan Sounds 
except attended gill nets as 
described in (2) of this Rule 
may be used. Gill nets which 
has a mesh length between two 
and one-half inches and four 
and one-quarter inches must 
be sunk to the bottom, set in 
no less than eight feet of 
water, and be no more than 25 
meshes deep. 

.0402 ATLANTIC OCEAN 

(4) From October 1 through 
April 30, it shall be 
unlawful to take, transport 
or possess aboard a vessel 
flounder taken with a trawl 
in the Atlantic Ocean until 



the secretary, acting upon 
the advice of the director, 
based on reasonable and 
prudent management of marine 
and estuarine resources, 
shall open the season by 
proclamation. The secretary 
is further empowered at his 
discretion to impose any or 
all of the following 
restrictions : 

(a) specify number of days; 

(b) specify areas; 

(c) specify means and methods 
of taking; 

(d) specify time period; 

(e) specify minimum size; 

(f) limit quanity; 

(g) require provision 

for statistical and 

biological data. 
Ho t rawl w-rth a cod end (tail 
ba g ) me:.h length crf l e ss than 
four and one half iiicli e s and 
less than 3^ mesh e s long may b« 
us e d -bo tak e flumiJ e i ' in a 
direct e d flound e r fishery . H: 
shall irs consid e r e d a di re c te d 
flounder f isli e ry wh e n th e ca t ch 
consists oi 6^ p e rc e n t or mor e 
flounder . 

.0404 CURRITUCK SOUND AND 
ITS TRIBUTARIES 

(3) From January 1 through 

May 31 , no gill net shall be 
used which has a mesh length 
less than three inches. 

(4) From June 1 through 
September 30. no gill net 



shall 


be used with a mesh 


length 


less than five inches, 


except 


gill nets with a mesh 



length of three inches or 
less and attended by the 
fisherman who shall not be 
more than 100 yards from such 

nets at all times. No 

fisherman shall use more than 
400 yards of nets with a mesh 
length of three inches or 
less . 
(5) From October 1 through 

December 31, no gill net 
shall be used v;hich has a 
mesh length less than three 
and one-half inches and set 
within 300 yards of the 
shoreline, except attended 
gill nets as described in (4) 
of this Rule. 



SECTION 



,0500 - OTHER FISHING 
DEVICES 



.0504 EEL: CRAB: FISH: 
SHRIMP POTS 
C a ) V 2 ) Pot s may be used from 
From May 1 through October 31, 
it shall be unlawful to use any 
pots in t+re following internal 
coastal fishing waters of North 
Carolina except pots may be used 
north and east of the Highway 58 



192 



NORTH CAROLINA REGISTER 



Bridge at Emerald Isle in areas 
described in this Rule. 

(a) (2) (E) (v) in thjrt mrm 
Lum ' td by a lin e b e giiiiiliiij at- a 
puiiit on t li e south e as t sliore of 
Indian Island 35d e g. 2-H- 3S^ H 
70d e g. 5*^ 4^^ W iuiminL| 
1 O^deiy ■ M 300 yards to a poin t 
35d e g. 2+^ 25* N 70deg . 3ft^ 
36* Wr t h e nc e w e sterly parallel 
to the alioL eliii e a+ a distaiii-e 
of 3fr0 ya r ds tTS a poin t 35d eg . 
2+^ 32* N 70d e g. 39-^ 4t^ Wr 
thence 01 3deg . M 36^ yards to a 
point on t+te w e s t shor e of 
Indian Island 35d e !j. 2^-^ 4^* N 
7Gdeg. 39-^ ^^^ W^ 
( vi ) Al o n g t+te nui tli 

sliore o^ Indian Island 
Legi]U>i] ' iij at a poin t on t+re 
eas t end 3Iideg . 2 1 39 rr 
7Gd e g. 36^ 3^* W to a poin t 
on t+re e as t end 35dcg . 21 ' 
39* N 7Gd e g. 30^ 36* H to a 
poin t on t h e w e s t e nd 3I;deg . 
2+-^ 4«^ N 70dey . 39-^ 45* W 
fro m th e shor e l in e to no 
more than ju yards from 
shor e . 
(vii) In that area 

bound by a line beginning at 
a point at the six foot 
depth contour south of 

Hickory Point 35deg. 21 ' 

33" N - 76deg. 41' 39" W; 
th ence easterly following 
the six foot depth contour 
to a point off the east end 
of Indian Island 35deg. 21' 
42" N - 76deg. 38' 04" W; 
thence 270deg. M to a point 
on the east end of Indian 
Island 35deg. 21' 38" N - 
76deq. 38' 36" W; thence 
following the shoreline of 
Indian Island to a point on 
the west end 35deg. 32' 37" 



N - 76deg. 



39' 40" W; 



thence 293deg. M toward 

Daymarker Jtl to a point at 
the six foot depth contour 
35deg. 21' 46" N - 76deq. 
40' 16" W; thence following 
the six foot depth contour 
in a westerly direction to a 
point off Long Point 35deq. 
22' 42" N - 76deg. 42' 44" 
W; thence 233deg. M to a 
point on shore 35deg . 22' 
24" N - 76deq. 43' 05" W. 
(viii) Beginning at a point 



on shore near Long Point 
35deg. 22' 29" N - 76deg. 
43' 25" W, running OOldog. 
M to a point 300 yards 
offshore 35deg. 22' 39" N - 
76deg. 43' 26" W; thence 
westerly parallel to the 
shoreline at a distance of 
300 yards to a point 35deg. 
22' 39" N - 76deg. 43' 59" 
W; thence 209deg. M to a 

point on shore 35deg. 22 ' 

30" N - 76deg. 44' 03" W. 



( ix / xn that area on tiie 

soutlt sid e o-f Pamlico Riv e r 
bound by a lin e be.giuniinj at 
a poin t on Hickory Poin t 
35deg. 2+^ 44* H y 6 de g . 
4+^ 36*- H running 1 IDd e y . M 
to Dea co n *4 at the moulh of 
Sotrth G re ek 35d e g . 2+^ 26* 
N 70d e g. 49-^ 37* Wr t h e n ce 
runnin g 304d e g . M 1000 
yards to a poin t -in Pamlic o 
Riv er 366 yards offshore 
35d e g. 2+-^ 53* N 7CUeg. 
4+-^ 35* W-r t henc e running 
w e s t erly parallel to t^re 
slior e lin e at a dis t anc e of 
366 yards to a poin t -in 
Pamlico River 3IJdeg ■ 22-^ 
33* N 7Gdeg. 42-^ 59* Vfr 
t li e nc e runnin g 242d e g . M to 
a poin t on sli o i -e n e ar Long 
P o in t 35d e g. 2*^ 26* H 
7Gd e g . 43-^ G ' W . Beginning 
at a point on shore 35deg. 



22' 



30" N 



W. 



76deg. 44' 27" 



running 355deg. M to a 



point offshore 35deg. 22' 



40" N - 76deg. 



44' 31" W; 



thence westerly parallel to 
the shoreline at a distance 
of 300 yards to a point 
35deg. 22" 53" N - 76deg. 
45' 00" W; thence running 



251deg. M to 



shore 35deg . 



point on 



22" 46" N 



76deg. 45" 14" W. 
(x) 6n the soutli side of 

Paml ico RI: gr bound by a 
1 in e b e gini - iing at a point on 
slior e 35dcg. 22-^ 36* N 
70deg. 44-'- 23* W running 
H -to a point in 
Riv er 35d e g. 2*^ 
7Gd i:; g. 44-'- 26* Wr 
runnin g w e s te rl y 



id eg . 



Pamlico 

46* N 

t li e nce 

parall e l to the shor e lin e at 

a distance of 300 yards to a 

poin t -in Pamlic o River 

35deg. 22-'- 56* N 7Gd eg . 

45-^ 2+* Ur t h e nc e running 

224deg ■ M to a point on 



shore 35dcg . 



22^ 53* N 



7Gd e g. 
Beginning 



45-^ 
at a 



shore 35deg . 



22' 



2t^ 
point 



on 



54" N 



76deg . 
003deg. 



45' 43" W; running 



M 



to 



point 



offshore 35 deg . 23' 03" N 
- 76deg. 45' 43" W; thence 
westerly parallel to the 
shoreline at a distance of 
300 yards to the 



intersection of 



1 ine 



beginning on the north shore 
at Gum Point 35deg. 25' 09" 
N -76deg. 45' 33" W; 



running 210deg. 



M to 



point on the south shore 
35deg. 23' 28" N - 76deg . 
46' 26" W. 
(xi) 0n the s ou t h sid e of 

Paiiiilco River bound by a 
lin e be g inning vt a poin t on 
sho re 35d e g . ■ 22-^ 6^ N 



NORTH CAROLINA REGISTER 



193 



?Cd e g. +5^ 45* Wr running 
OOlde g . M S^B yai - ds iro a 
poin t -in ramlicu Riv er 
35d e g. &^ 6^* N 70d e g . 45^ 
4S* W-r t h e nc e i - uniiing 
w e st e rly p arall e l to t+re 
inlei ' s e ct ion o-f a 1 in e 
Li e ij innin g on ttre n ort l i shor e 
at Grm Point 35d e g. 2-5-^ 0^^ 
H 70deg. 45^ 35^ W running 
21 Odeg . M tty a point on t+re 
south sh ore 35d eg . £5-^ Sft^ H 
7Gdeg. 46-^ £6^ W^ 



SECTION .0900 



CLAMS 



.0902 PROHIBITED AREAS 
(b) The secretary, acting 
upon the advice of the director, 
is empowered to close specified 
areas for the taking of clams, 
oysters, scallops, and mussels 
for as long as he deems 
advisable in order to protect 
the populations of shellfish or 
public health. 



SECTION .1100 



OYSTERS 



.1111 TAKING OYSTERS/CLAMS 
AND MUSSELS 

FROM 

PROHIBITED 

POLLUTED AREAS 

It shall be unlawful for any 

person to take, attempt to take, 

possess, sell. or offer for 

sale. anv oysters, clams or 

mussels taken from areas which 



have 



been 



prohibited 



designated 



(polluted ) 



_bY 



proclamation by the secretary. 
The secretary shall issue such 
proclamation upon notice by the 
Division of Health Services of 
the Department of Human Resouces 
that criteria for approved 
shellfish harvest areas have not 

been met . The secretary may 

reopen anv such closed area upon 
notification from the Division 
of Health Services that criteria 
for approved shellfish harvest 
areas have been met . 

Copies of these 
proclamations and maps of these 
areas are available at the 
Division of Marine Fisheries. 



341 1 



Arendell St 



Morehead 



City, NC 28557, 919 726-7021. 

Nt> p e rson sliall tak e 
tyr a tt e m p t tt? t ak e , any oysters 
or c lams or possess , sell , err 
off e r for sale any oys t ers or 
c la ms t ak e n from t+re following 
pollu te d ar e as ■ 
-H-+ in t+re Albemarl e artti 
Curri t uck Sound Ar e as . 
(a ) Curj. itui-k S o und . 

Aii t h o se wa te rs -rn 
Cur r ifcuck Sound ups tr e a rn trf 
a lin e across t+re sound 
b e ginning at a poin t on the 
rrast s h o re at 30D eg . 0^9-^ 5^^ 



N — 75D e g. 4^^ +5* \h- 
t h e nc e -in a s t raigh t lin e tr> 
a point on t+re w e s t sh o r e 9± 
3CD e g. 4^-^ £5 "• N — 75D eg . 
46-^ 05^ W-r to includ e ai+r 
cr ee ks and ti ibu t ar i e s , 

-H3-+ Nor t h Ri ve r. Aii 

waters upstream trf a 1 in e 
di ' awn f r ui ii a p oin t on t+re 
w e s t shore of Nor t h Riv e r at 
3GD e g. +^^ 06* N — 75D e g . 
57-^ 03* Wt t h e nce across t+r« 
river t lirouyh ICiW Deacon 
♦ 1 59 to a p oin t on t+re e as t 
shor e ^:t 36De.-g. +4-^ 50^ N — 
75Deg. 55^ 4£* Ht to includ e 
alri t r ibu Lar i e s ups ti e arn 
from said 1 me i 

-(-C-+ Pascjuotank Riv e r . AH 

wa te rs upsti. earn o-f a lin e 
beginning on t h e sou t liw e s t 
shor e 36f^«g-r +*^ 4£* N — 
7CD e g. 06-^ 39* Wr th e nc e to 
t he nor t h e as t shor e at 
3GDeg. +4-^ +5* N — 76D e g. 
04^ 54* W at- Mill er Point; 

■frdr^ Li t tl e River and 

Fla tt y Cre e k . All wa te rs 
upstr e am from a lin e 
b e ginnin g on Stev e nson Poin t 
at 3GD eg . 06-^ +5* N — 



7GD e g. 



+-H- 4a* Wr t henc e to 



a poin t on t+re e ast shor e of 
Flat t y Cre e k ^srb 3GD eg . 06-^ 
+5* N — 7GD e g. 06^ +&* Wr 
■(•e-^ Albemarle Sound. Aii 

waters upi^ t r e am f lom a 
s t raigli t lin e across ttt« 
sound btjgiiming at a poin t 
on th e nor t l - i sh ore at 3GDeg . 
0+-^ 2£* N - 7GD e g. 29^ 4^ 
H-r t henc e to t+r« south shor e 
isi: 35D eg . 5B-^ S5* N - 7GD e g. 

p /r T. A Q t^ T J . 

■(-f? Alliga t or Riv e r . Aii 

those wa t ers ups t r e am fro m a 
line beginning near t+re 
m ou t h of Goos e Cr ee k at 
35Deg. 50^ 20* N — 7GDeg . 
0-3-^ 44* W-r t l - ience across t+re 
river to a poin t at 35Deg . 
50-^ 50* N — 75De g . 50-^ 44* 
W by mou t li of Mill t ail 
Cr e ek. All tl - iose waters of 
M o rris Pr itcliett Marina on 
Iligl - iway Not 64 will remain 
closed ; 

-(-g-+ Coliiiy ton Ar ea . AH 

t h o s e wat e rs eas t of a lin e 
beginning on Gliellbank Poin t 
at 3GDcg. 05-^ 2** N — 
75D e g. 44-^ 50* Wr t h e nc e to 
channel marker +2 at 3GDeg . 
0+-^ +0* N — 75D e g. 45-^ 50* 
W-^ tl ' ienc e to Harm Poin t st 
35D e g. 50^ +&* N — 75D e g. 
40^ 04* Wr 

-Ht+ P e l quiwans Riv e r . AH 

waters ups t ream of a 
s t raigh t 1 ine beginning on 
t+ro nor t h shore at 3GD e g . 
05-^ 52* N - 76D e g. 23-^ 3** 
Wr tli e nc e to t+re sou t li sl ' ior e 



194 



NORTH CAROLINA REGISTER 



at 30D e g ■ e^^ 4** H - 76D eg . 

4-i-> Y e opim Riv e r . AH 

wat e rs u p s t r e a m «rf a 
all aight lin e b eg inning at a 
poin t on Drum n nand Poiiit at 
36D eg . 64^ ^t^ N - 76D eg . 
SA^ 26^ Wr th e nc e to the 
e as t shor e at 3GD e g . frS^ 06^ 
N - 70D eg . 22^ 46^ Wr 

■fj-^ Dull Day. Aii wa t ers 

uys Li eaiii o^ a s t raigli t lin e 
beginning at a p oin t on th e 
w e s t «»hor e rrf Dull Bay at 
35De g . 56-^ +e^ H - 7GD e g. 
23-^ e^^ Wr t h e nce to a poin t 
on the e as t sho re at 35Deg . 
50^ 42* N - 70Deg. 44-^ 4+* 

42-)- in the Roanok e Sound Ar e a . 

■(-a4 AH wa te rs -in Ghallowbag 
Bay and its t ributari e s 
sou t hw e s t o^ a s t raight 1 in e 
fro IB Daum Poin t to Dallast 
Point; 

(b ) AH t hos e wa t ers wi t It in 
the harbor ttt the Or e g o n 
Inle t fishin g ce n t er ; 

( c )A11 the wa ter s wi t hin a 
lin e b e ginning at t he sou t h 
side of the mou t h of Droad 
Cr e ek and runnin g to 
chann e l marker F+ R "10" ; 
t h e nce ■trj channel marker R 
"0" ; tli e nc e dtre southwes t to 
a poin t on the shor e ; t ! - ienc e 
along the sliore in a 
itor t li e r ly dir e ction to the 
poin t of beglni ' iing , to 
includ e Mills Creek jrnd -itis 
t ribu t ar ies ; 

-fd-> AH t hos e wat e rs around 
the Villa Condominium &TP 
Ou t fall b e ginning at a p oin t 
35D e g. 5t^ 54* N — 75D e g ■ 
5e^ 46* Wt thence 2&0 yards 
in a sou t hw e s te rly dir e c t ion 
to a poin t -in the sound at 
35Deg. 57-^ 40* N — 75D eg . 
3ft^ 50* Wr thenc e 400 yards 
■in a sou t h e as t erly dir e c t ion 
to a po in t in the sound v^ 
35D e g. 57-^ 30* H — 75D e g . 
30^ 3^* Wt thence in a 
nor t h e ast e rly dir e c t ion to a 
point ' on sh o r e at 35D e g . 57-^ 
45* N — 75D e g. 30-^ 30 * Wr 

( e ) Aii t lios e wa te rs in 

Roanok e Gound bounded by a 
lin e b e ginning at a poin t ort 
the east slior e near 
Whal e bon e at 3 5 D eg . 54-^ 30* 
N - 75Deg. 30^ +0* Wr t hence 
in a westerly direction 2700 
yards to a poin t in the 
sound at 35D eg . 54-^ 02* N - 
75Deg. 59^ 40* Wr tlienc e in 
a soutl ' ieily direc t ion 21 50 
yards to a point at 35D eg . 
53-^ 04* N - 75D e g. 37-^ +4* 
Hr t li e nc e irt an eas te rly 
dir e ction 2200 yards to the 
shore at 35D cg . 53^ 20* H - 



75D eg . 36^ 00* Hr to includ e 
aii cr ee ks and t r ibu t ai Ies , 
■f-f> Aii thos e wat e i & bounded 
by a lin e b e ginning at a 
poin t on Ballas t Po iii t at 
35D e g. 54-^ 33* H - 75D e g. 
30^ 40* l+r t h e nc e in a 
s tr aigh t line to the e as t 
sid e of^ the causeway draw 
bridg e at 35D e g . 53-^ 40* N - 
75D c g. 30^ 07* Wt t h e nc e to 
Chann e l Marker #24 at 35Deg ■ 
53^ 22* N - 75Deg. 37-^ 50* 
Wt t henc e across the cliannel 
to marsh at 35D eg . 53-^ 20* N 

- 75Deg. 37-^ 55* Vfr t h e nc e 
across John' s Cr e ek in a 
noi tlierly dir e ction along 
slioL e back to the poin t of 
beginning ■ This will clos e 
Pira t es C o v e and aii o t h e r 
tributari e s wi t hin said 
boundary ■ 

•f34 in Croatan Gound Ar e a • 
( a ) All wa te rs wi t hin a lin e 
b e ginnin g at a poin t on t h e 
shor e at 35De g . 53-^ 50* H — 
75D e g. 4+^ 30* Wt th e nc e WSW 

000 yards to a poin t in the 
s o und at 35D eg . 53-^ 30* N — 
7!}D e g. 4+^ 53* Wt t h e nc e 

1 , 975 yards to a poin t on 
Sand Poin t vt 35D eg . 53-^ 03* 
N — 75Deg. 40-^ 54* Wt to 
includ e aii tribu t aries ; 

-(-h4 Aii water s witliin a lin e 
begiiming at a poin t n e ar 
Daum Poin t at 35D eg . 50^^ 
40* H — 75D cg . 3^^ 44* Wt 
t henc e 7^5 yards to mark e r 
*-H^ at 35Djg. 50-^ 20* H — 
7 5De g . 46-^ 00* Wt th e nc e 
050 yards to a poin t on an 
islan d at 35D e g. 50-^ 05* H 

— 75D e g. 39-^ 50* Wt t h e nc e 
99-5 yards to a poin t on the 
sh ore at 35Dc : g . 50-^ +0* H — 
75D e g. 39-^ 20* W to includ e 
aii cr ee ks and t ribu t aries 
wi t hin said boundary ; 

( c ) All wa t er :. upstrea m of a 
1 in e b e ginning at a p oin t 
n e a r nor t h slior e of Spencer 
Cr ee k at 35Dc g . 5+-^ 45* N — 
75Deg. 44-^ 53* Wt and t henc e 
250 yards im an e as te rly 
dir e c t i o n to a poin t at 
•^^ ■ Deg. 5+^ 45* N — 75Deg . 
43* Kt t h e nce sou t h 
yards to a poin t 



44-1. 
1 ,500 
•^ ■'^^ D eg 



50-^ 50* a — 75D e g. 
44^^ 43* Wt t hence ?:5^ yards 
wes t to a poin t on shor e ^rb 
35Deg. 50-^ 50* H — 75D e g. 
44-^ 53* Wt 
4-d4 Aii t hos e v>a te r s upstream 
of a lin e across t he mou t h 
of Manns Harb o r b e ginning at 
a poin t on the nor t h shor e 



at 



:De g . 54-^ 30 



H - 



75D e g. 40^ 02* Wt t hence in 
a straigh t line to a poin t 
on the sou t h shor e at 35Dtfg. 



NORTH CAROLINA REGISTER 



195 



75Deg. 46^ ^6* 



54^ ae* N 

( © ) All tuoso waters near 

t h e auuth e nd tyf Roanok e 
Island nor t h arrd e as t <yf a 
1 in e b e cjii ' iniiiL) at- a poin t a+ 
35Deg. 4^^ 3^^ N - 75D e g. 
59^ ee^ Wr t h e n ce in a 
south e rly direc t ion t-a a 
p o in t a+ 35D e g. 49^ 2^^ N - 
75Deg. 57-^ e*^ Wr on marsh 
island ; t lienc e -in a 
sou t hwe*.tei. ly direct luii t-o a 
point at 35D eg . 49-^ 6^^ N - 
75D eg . 3?-^ 53^ V^r t h e nc e 
a point on 



■J ^ 
northw e s t erly to 



mai - sh a+ 35De g . 4^-^ 24^ N - 
75D e g. 39-^ +*" Wr t h e nc e 
nor tliei ly to a poin t a-b 
35Deg. 5«-^ +4^ N - 7I3Deg . 
39-^ Se^ W-r to co nne ct w-tHt 
the Dau m Cre e k closur e . 

(4 ) in th e St um p y Poin t Area . 
B e ginning at a poin t on t+re 
wes t shor e atr 35Deg . 4+-^ 4fr^ 
N - 75Deg. 46-^ 33^ Wr 
t li e nce in a straigh t 1 in e to 
a poin t -in t+te hay a-t 35Dey . 
4+-^ 3*^ N - 75De g . - 46-^ +6^ 
Ht thence in a s tr ai g h t line 
t^ a point" in the Day a^ 
3DD e g. 42-=- 03^ N - 75De g . 
45-'- 39^ Wr t lienc e in a 
str aigli t 1 ine to a point in 
■the fray a+ 35D eg , 4+-"- 23^ H 
- 7£iDeg. 44-^ 42^ H-r then c e 
t-o a point o^f Drain Poin t 
at- 35D eg . 4«-'- 56^ N - 75D eg . 
44-'- 45-°- Wr th e nce to a po in t 
on shor e at: D r ain Poin t a-t 
35D e g. 40-'- 

53^ H - 75D e g. 44^ 26^ Wr 
t lienc e alon g the sh ore back 
to the poin t xri beginning . 
-(-5-> in the Ou te r Banks Area ■ 

■(-a^- Att of the R o dan t he B o a t 
Harbor wi t hin a line drawn 
across the mou t h tri the 
liarbor ; 

■k'cri- Aii t hose waters in 

Gal vo Gr e ek bounded by a 
lin e drawn acr oss mouth -ori 
cr e ek; 

-(-c-> Al-i tliose wa-t-er-s wi t liin 
Avon Hai ' bor bounded by a 
1 in e drawn f i -o m Beacon Vrzrr © 
trr w e s te rnmost tip of nor t h 
shor e . 
( G ) in t h e Engelhard Area • 

-(-a> in Far Cr ee k. Aii t h o s e 
wa te rs ups t ream from a 1 ine 
d r awn from the eas tci. n point 
of Gibbs Poin t at 35Deg. 29-=- 
3^^ }* — 75D eg . 37-'- 42^ Vfr 
acroi>s Far Cre e k to a poin t 
35De g . 3-H- 2+^ N — 75Deg. 
5^7^ -hT^ Vfr 

-Hr> in Pains Day. Aii: thos e 
wa te rs upstream from a 
•.ti alyht line drawn across 
t h e Day beginning a-t a poin t 
on the e as t shore a-t 35Dcg . 
53^ +3^ N - 7SDc g . 46-^ 45^ 
\^ t li e nce to a po in t on the 



w e s t s h o r e at- 35D e g. 35-^ 26* 
N - 75D e g. 49-^ +2^ Wr 

■(-c-)- in O t t e r Cre e k. Aii t hos e 
wa te rs in Ott e i Cr e ek 
ups t J. eai i i from a s t r alyli t 
lin e drawn from a point on 
the e as t slior e at- 35Dei-| . 33-"- 
+e^ N - 75D e g. 33^ 0^* Wr 
tl ' iei - ic e to a poin t on the 
w e s t sh ore at- 35Deg. 33^ +4-^ 
N - 75D eg . 35-^ -h4^ Wr 

■(-d-)- D e rrys Day . Aii t hos e 

wa t ers ups t reai n of a 
s tr aigh t line begiiininy a-t a 
poin t on slioi e atr 35Deg . 32-'- 
+^ H - 75Deg. 53^ 24* \W 
th e nce in a wes te rly 
direc t ion to a poin t air 
35D e g. 32-^ 03* N - 75D e g. 
33^ 3+* »-r 
■(t'^ in the Hyd e Coun t y Ar e a ■ 

-HH- Middl et own Cre e k Ar e a . 

Aii t h o s e the waters bounded 
by a 1 ine beginning a-t a 
puii - i t on the slior e af 35Deg . 
26-'- 33* N - 75Deg. 39^- 4 0* 
W-r tl - iei - ice 330 yards E5E to a 
poin t -in the sound a-t 35Deg . 
23-'- 32* N - 75Deg. 59^ 30* 
^-r t henc e +430 yards SSW trj 
a poin t at- 35D e g . 27-'- 30* N 
- 75Do g . 39-'- 33* Vfr t h e nce 
WNW 5 yards to a poin t on 
shore af 3DDeg. 27-'- 30* N - 
75D e g. 39^ 43* Wr 

-Hri Aii th o se v. ' a t ers in 

Wys o ckin g D.:iy . ups t r e am off 
a str uigl ' i t i in e drawn from a 
poin t on the nurtlmast sho re 
a-t 35Deg. 23-'- 03* N — 
76D e g. 03-'- 4-0* Wr t h e nce 
aero ys the fray to a poin t 
on the south ' . ' jes t shor e at 
55D eg . 23-'- 44* N — 7(jD e g . 
03-'- 27^ Wr 

-fc-> in Swan Quar te r Day, 

b e ginning at a point on land 
ai 35D eg . 24-=- 2 0* N — 
7GD e g. 20-'- 43* Wr t henc e in 
a sou t heas t erly direction to 
a poin t a+ chai - mel marker 
*3v* 35Deg. 23-'- 33* H — 
70Deg. 20-'- 30* Vfr t h e nc e in 
an eas tei Iv direct ion to a 
pul]it on the -jlioi -e at 3'3Deg . 
24-=- +* N — 70Deg. 20-'- +3* 
Wr 

-(-d-)- in Ros e Day . Aii t hos e 
wa t ers bounded by a llii e 
beginning a-t a po in t rm the 
sh o r e a-t 35Deg. 23-'- +6* N — 
7GD eg . 24^ ifr* Wr tl - ience 300 
yai ds in a WGH dir e c t ion to 
a poin t in the hay a-t 35D e g . 
23^ +0* H — 7GD e g. 24^ +9* 
Wr tl ' ience 025 yards -in a SGC 
dir e ct ioii to a poin t in t h e 
hay ai 35D e g. 25-^ 32* J* — 
73©t;g-T 23-'- 59* Wr thenc e 300 
yards CUC to a poin t on th e 
slior e a+ 35D e g. 'i:E^ 54* N — 
TGDeg. 23-'- 49* Wr t henc e 
alon g the slior e haok to the 
poin t of b e y inning ; 



196 



NORTH CAROLINA REGISTER 



7GDeg. 
xn a 
sl ' ior e 

7CDeg. 
aii 



riv e i: 
on Tne 



-(rc^ in Oyster Oi -ee k. AH 

wat e rs upstr e am from a lin e 
ai-j.ot.s ■tire cr ee k b e ginning 
■a± 9 poin t on ttt« e a st slior e 
at: 35D eg . e^ +&* N - 70D e g . 
+8-^ 4^* Wr t h e nc e -to -thrr 
w«tr «tlw a+ 35D e g. 2^^ +e^ 
N - 7GD e g. +6-^ 56^ Wr 

( f ) Aii wat e rs bound e d by a 
lin e b e ginning vt a point on 
slior e near Hor t li Bluff P o in t 
art 35D eg . 2+^ "Hr"- N - 7GDeg . 
06-^ 4^^ tfr t h e n ce rin a 
s t raigh t lin e t-o a poin t o^f 
shor e at 35D eg . 2«-^ 5t^ N - 
70Deg. 06-^ 3^^ Wr t hence in 
a s t raigli t lin e tro a po in t 
a+ 3IiDeg. 2+-^ 2+^ H - 
66-^ 57^ Wr th e nc e 
straight 1 in e to t+re 
a+ 35D e g. 2+^ 36^ N - 
06-^ ee^ Wt- to include 
tire wa te rs in ttre canals . 
■(-84 in tire Pungo River Area ■ 

(a ) All wa te rs in Pungo Cre e k 
and Fan t ego C ree k, u p s t r e am 
o^f a line across t l ' ie 
beginning at a poin t 
noL til shor e at 55- 
24^ N - 7GD e g. 55-^ 2^^ 
t l ' iei ' i ce to a p o in t on 
sou t h shor e at 35D e g . 
+9^ H - 7GDeg. 37-^ 43^ Wr 

-fb-> in aii tire wa te rs ups t ream 
from a s t raigh t lin e 

beginning at G r as sy P o in t 
35Deg. 25-^ 34^ N — 7GDcg. 
35-^ -h4^ W-r t hen ce t h ro ugh 
clianncil marker "2" to t+re 
sou t h shor e of Wr igh t C ree k 
^rb 55D e g. 24-^ 4*^ N — 
7GD e g. 35-^ 0^^ Hr 

-fc-)- Aii wat e rs ups t r e am in tire 
Pun go River from a lin e 
across t+re river b e ginnin g 
at a poin t on t lie north 
shor e at 35Dcg. 32-^ +0^ N - 
7GDeg. 30^^ ++^ Hr tltenc e to 
t^Te sou t h sliore at 35Deg . 
30-=- +4^ N - 7GDeg. 29-^ 29^ 
Wt to includ e aii creeks -arrd 
t r ibutaries to tire Alligator 
River pr o hibit e d area 

boundary . 
-f9-)- in Pamlico Riv e r ■ 

-(-ai Aii of t+re waters of 

Pamlico Riv e r and its 
tr ibutar ies upsti eani fr o m a 
line b e gijTiiliig at Cousin 



W-r 
"the 

3e-^ 



Poin t 
7GD e g. 

202De g 



DDeg . 



-(ir+ 
&rtr 



25-^ 00^ N — 

2€r^ Wr t h e n c e 

to a point on 

35D eg . 2+-^ 43^ 

3e^ Vfr 

in N ort h 

up ■: t ream from a 1 in e 

the motrtrh of th e 

at a po i nt 

t h e e ast bank at 35Dc;l( . 



46-^ 
-WB- 

4-H- 
Aii t li o se wat e rs 



Hickory 

N — 7GDeg 



rk-r 



acr o ss 

cr ee k b cg mniii^j 

on 



24^ 34^ N — 
'ti-r t lienca thr 
to a point on 
at 35Deg ; 24^ 



7GD eg . 59^ 32^ 

) ugh beacon ♦+ 

t+re wes t shore 

57^ N — 



7GD e g. 40^^ 59^ Wr to includ e 
aii t ribu t ai i e s ; 
-(-c-)- Aii t hos e wat c L s o^f Oyster 
Gr e ek ups t r e am from a lin e 
beginnin g ret a point at 
35D eg . +9-^ 32^ H - ^Brrg-r 
32^^ 53^ W on t+re nortli 
shur e ; t h e nce to a point at 
35Deg. +9-^ +6^ N - 76De g . 
32-^ 54^ W on t+re south 
sli o re ■ 

(10) in t+re Sont+t Cr e ek Ar e a . 
All of t+to wa t ers o^ South 
Creek ami its t r ibutar i e s 
upstream from a lin e 
Lu - y Inning at Hick o ry P o in t 
35De g . 2+-^ 43^ N — 7GD e g. 
4+-^ 3ft^ Wr t hen ce 1 ' ^3D e g. -(++> 
to Reeii Point 35D eg . 2+-^ 00^ 
N — 7GD e g. 40-^ 33^ Vfr 

(11) in t+re Bay River Area • 
-(-a-> Aii wa te rs in &ay Riv e r 

ups t ream trf a str alyht lin e 
bey inning at a poin t on t+re 
nor t h sl ' iore at 35D e g . 09 ' 
05^ N - 7GD e g. 4-H- 56^ Wr 
t l - ienc e to a point on t+re 
s o u t h sl ' ior e at 35D e g . 06-^ 
42^ N - 7GDeg. 4+-^ 2^"- Wr 
snd aii tlios e wa te rs in 
Gii ' ii t h Cr e ek. Vande m ere 

Creek, and Bay River 

ups ti earn xrf a s t raigh t line 
• beg mnmg at a po int on the 
southwes t sl ' iore of Smi t h 
Cr ee k at 35Deg. +0-^ 23^ N - 
7GDeg. 40-^ ^-6^ Wr t h e nc e to 
a po int on tiTo t^as t s ide ox 
Vand e mer e Gr-cok at 35D e g . 
+9-^ 50^ N - 7GD e g. 39^ 5*^ 



t 1 ^ ATI 

Cre e k 



t h o s e wa ter s in D e al. ' 
upsti cam of a line 
a poin t 35D e g . 



7GDc-g. 37-^ 06^ 

sou t h s h o r e 

po in t 35D eg . 

rGDeg. 37-^ 09^ 



drawn from 
+-H- 50^ N — 
W on trie 
proceedin g to 
+2-^ Ot^ N — 
W on t h e n ort h sl ' iore ; 
-(-C-+ Aii wa t ers in t+re 

Intr acoastal Waterway n e ar 
Hobu c k e n bound e d on t+re 
nor t li by a 1 Ii ' ie beginning at 
a poin t on t+re ea^rt sh ore at 
35Deg. +5-^ +&^ N - 7GD eg . 
35-^ 42^ Wr t l - icnce across t+re 
canal to a poin t on t+re wes t 
sh or e vt 35De g . +5-^ +6^ N - 
"GDeg. 35-^ 44^ Wr and 
bound e d on t+re sou t h by a 
1 in e b eg inning on t h e e as t 
sh ore at 35fiTrg-T +^^ 30^ K - 
7GDcg. 35-^ 20^ Wr th e nce to 
t he vjes t shoi e scb 35D e g . 1 2 ' 
46^ N - 76Dcg. 35-^ 32^ Wr to 
includ e all o-f Gal e Cr ee k, 
and all water s in Jones D ay 
up str ea rn oi a 1 in e beginning 
at a po int on t+re nor t h 
sh o r e at 35Deg. +4-^ 25^ N - 
7QD eg . 34-^ 44^ Wr t h e nce 
across t+re bay to a poin t on 
t h e sou t h shor e at 3DDeg . 
+*^ N - 7GD e g. 34-^ 44^ 



NORTH CAROLINA REGISTER 



197 



Ht- ■bo includ e 
llobuck e n Mai - ina . 



all ox the 



(12) frt th« Orien t al Area. 



55D eg . 



-H- 



All wat e rs upstr e am o-f 
f L om Windmill Poin t a+ 
e-H- ^5^ H — 76D e g. -^rS-^ 
Wr th e nc e pro c ee din g 

nor t h e ast e r ly trx p o in t a-t 
35Deg. e-H- 3^^ N — 70D e g . 
4^-^ 5^^ Wv ort Whi tt ak er 
Point , t-o include G ree ns 
Cr ee k , K e rsliaw Cre e k . Sm i t li 
Cr e ek , C Ji i ip Cr ee k. Or iijn t al 
Harbor . and Wlir t t ak e r C re ek . 
> in t+rtj h' e us e Ri\ ' e r Ar e a ■ 



-tts-)- AH wa t er s trp- 
a 1 irn^ acr oss 
Clubfoo t Creek 
■a poin t 34Deg . 
7GD eg : ^5-^ 6^^ 
a poin t 34Deg . 



9€&t 



oppr 



' Si te 



sh or e; 



s tre a m f i uiii 
t+re m o u t h trf 
beginniiiy at 

55-^ ae^ N — 

W-r thence -to 
5V- 5«^ N — 
W oTt the 



(b ) Aii wa t er s ups t rea m o-f 
S t ate Road 1 3 02 br idge , 
Dav;son Creek; 

■(-c-> All wa t ers im t+re N e us e 
River ups t ream from 
s t r aigli t line beginning 
34Deg. 56-^ ?r¥°- N — 7GD e g . 
46-^ 45^ H-r t l ' ienc e to a poin t 
34Deg. W-^ 5+^ H — 70Deg. 
^#^ -1-5^ H on Wilkini,oi ' i 



a 
a+ 



Poin t ! 



( d ) Aii wa t ers in Gou t h River 
ups t ream trf a sti aigl - i t 1 in e 
drav;n fr-om a po in t on t he 
vj e J t shore o-f Gou t h Rive r trt 
o- ^Dcg. 5£r^ +&^ N - 7GD c g . 
33-^ £-S^ W-r t h e nc e a cros s t+re 
river -bo a po in t at- 34-E)o-g-r 
5^r^ 22^ N - 7GD cg. 52-^ 55^ H 
t-o ii ' n-lud ' j ati tr ibu t ji ius ; 

( e ) All thos e wa te rs -in Pierce 
Creek ups tr eaj ii fr-oirt a 
straigli t 1 ine a cro ss t+re 
moutl ' i o-f t+re Cr ee k beginning 
a-t a po in t on t+re wes t shore 
a-t 35De g . ^2-^ -Hr^ N - 7GD e g . 
5^-^ 4e^ Wt t h e n ce to t+te 
east sh ore at 35De g . 02-^ Sn^ 
N - 7GD e g. 59-=- 34^ W-r 

■f+4-> in t+ro lla tt eras Area. 
-(-a+ Aii wa t ers witliin a 

boundary b e ginnin g at a 
p oin t on land w e s t trE t he 
lla tte ras Ferry Landing at 
35D e g. +2-^ 3&^ N - 7!3Deg. 
■42-"- 24^ Vfr t l ' ienc e to a poin t 
•in tire f er i y cliannel ■s± 
;i3D e g. +2^ 5^7^ N - 75D eg. 
2fr-"- H-r t lienc e to a p o in t 
at 3i3Dc g . +2-=- 3^^ N 

^ -"1 T I-' O tt f ' ■ 



42-"- 

on shor e 

- 75D eg . 

■Hr> Ai-i wa ter s -in creek 

begiiiniii y at a p o in t near 
mo u th at 35D eg . +3-=- +&^ N - 
75Deg. -M-"- 4^^ W on t+re we^t 
end and pi uc ee ding to a 
poin t on ea-st end at 35D eg . 
+3-=- 35-^ N - 75Dcg. -^r^--- 5+^ 
W-r near eit t r anc e to Sandy 
Day. 

■(-tr+ Ai-i wa te rs upstr e am of 



a line beginning at a point 
on t+re nor t h shor e at 35Dt ! g . 
+^-^ +e^ N - 75D e g. 46-"- 42^ 
H-r t lience t-o t+re sou t l ' i shore 
ni: 35Deg. +3-"- +^^ N - 75Deg . 
4^ 42^ Ht to includ e aii 
cr ee ks and t ributai las ■ 
(15) in t+n? Cedar Island 
Ociacuke Ar e a . 
-(-a+ C e da r Island Ar e a . Aii 
wa te rs witliin th e Cedar 
I s lan d F e i r y Harbor ; 
( b ) Ocr acoke Ar e a . in any 
o-f t h e waters o^ Gil v e r 



Lak e . 



(10) in t+re Cor e Gound Ar e a ■ 
■frs-^ AH wa t ers upsti e ai.i of a 
lin e b eg inning on shor e at 
34D eg . 52-"- 33^ N 

— 7GDe g . 2«-'- 44* W to a 
poin t in Cor e Gound at 
34Deg. 52-=- 36^ N — 7GD e g. 
26-^ 4e* Wr t henc e to a poin t 
on t+re nortl ' i shor e at 34D eg . 
52-"- 4+* N — 7GDeg. 2^-^ 4&* 
Wt to includ e all wa te rs of 
Will is Texaco Marina ; 
■(rb^ A¥t wa t ers within t+t« 

I ' larb o r at Lutl ' icr Smi t h anti 
fish House vt 



Laons ' 
A t lan t ii: 



(c ) All ' wa t ers wi t l ' iin t he 
I ' larbor at Clay t on Fulch e r ' ' s 
Fish Hous e at Atlan t ic ; 

( d ) All wa t ers ups t r e a m o-f a 
line f r o m t h e cast shor e at 
3 ^<D eg . 53-"- 0^ H — 7GD e g . 
+9-^ S7^ H tx» a po in t ort t+re 
we:st sh o r e nt 34D eg . 53-^ 03^ 

/ uucg . *:; u v c vtt to 
includ e aii of t+re waters o^ 
A t lan t i c Boat Harbor ; 

■(-e-)- Aii wa t ers ups ti earn trf 
a s t r aig!i t 1 ine across 
VJillis t on C r e e k beginning at 
a p o in t on t he nor tli shor e 
n± oAU Gg. 4^7-=- +2^ N - 7GDeg. 
30-'- 05^ tfr t hen ce to t+te 
sou t h sh ore n± 5 4Dc g . 46-"- 
52^ N - 7GDeg. 30-=- +^7^ Hr 

-(-f-> Aii v ?a te r s ups tre am from a 
line across Middens Creek 
beginnin g vt a poin t on t+re 
nor t l - i shore at 34Deg . 45-=- 
32^ N - 7GD eg . 30-=- 4*^ Hr 
t lienc e to a poin t on t h e 
sou t h slTore ^ 34Deg . 45-=- 
+6^ N - 7GDe g . 39-^ 54^ Wr 

-fg-)- Ai-i wa t e r s ups t ream of a 
1 in e beginning zrt a poin t on 
t h e we-st sii ore of Gmyrna 
Cr ee k at 34BTrg^ 46-=- B9^ H - 
7GD e g. 26-=- 5€r"- Hr t hen ce in 
a sti ' aiyh t 1 in e to a poin t 
on t+re vast s h o r e at 34Deg . 
4*^ +3* N - 7GDeg. 26-=- 36* 

-t+r)- Aii wa t ers ups t reain o-f a 
1 in e acro ss VJade Cr ee k 
beginning at a poin t on t+re 
iiui til sl ' ior e at 3 4D e g . 4G ' 
+^^ N - 7GD e g. 30-=- 4+* Wr 
t hen ce to t he south shor e at 



198 



NORTH CAROLINA REGISTER 



34D eg . 46^ +6^ H - 7GD e g. 

T r> T r ^ W ft ■ 

JlU **^ rrT 

( i ) AH ^lioso waxcr s "in Tlie 
Knuckl e s Lajiding llaibor 
upstr e am fi ' o n i a lin e 
b e ylnniiig on th e north sid e 
«rf e ntrani- e c hann e l a-t 
3 ^ Deg. 4£^ 34^ N - 7GD eg . 
3S^ ^T^ Wr th e nc e a c i - oss 
cliann e l t hrougli Mark e r " 2 " , 
■to a po in t tjn thrs sou t h 
sho re vt 34D e g. A?r^ 53^ N - 
7GD e g. 35-^ 0t^ ifr 
( j ) All t l ' ioi) e wa te rs a+ Coa t s 
Landing upstr e am of a lin e 
b e ginnin g at: a poin t on tft« 
shor e at- 34D eg . 42-^ 2+^ H - 
70Deg. 35-^ 6^^ Wr t hen ce in 
a s o u t h e rly dii e ct ion trr a 
poin t on shor e a-t 3^Deg . ^S-'- 
+3* ti - 7GD eg . 35^ ee^ Wr 
(17) in -Hre Nelson Bay Area, 
Off C o r e Sound ■ 
( a) in any of "the wat e r s north 
and e as t of a line drawn 
307Deg. -fM^ from -the foo t of 
t h e U.S. Coas t Guai d dock trr 
t h e western sid e of N e ls o n Bay 
•to include Miiigu Cl eek, Sal ter 
Creek, and th e Sal t er Creek 
Canal -to t+te Long Bay 
e ntranc e ; 
■f fcr^ in Broad Gr ee k. Aii 

wa t ers ups t r e a m of a 
s t raigh t 1 in e beginning at- a 
point on t+te n o rth sl - ior e a+ 
3^Deg. 52-^ 44^ N - 7GDeg. 
24-^ 3&^ Wt t henc e across -ttre 
cre e k -to a poin t atr 3^D e g . 
52-^ 36^ N - 7GDeg. 24-^ 2t^ W 
on t h e sou t h shor e ; 
Cc ) L e wis Cr ee k . Aii wa te r s 
u p s tre am of a s t raigh t lin e 
beginning a+- a poin t on t+re 
iioi tl ' i shor e at- 3^D e g . 51 ' 
53°- N - 7GDeg. 24-^ 36^ Wr 
tlienc e -in a s t raigh t lin e -to 
a poiiit on -the s o u t h s h o r e 
af 3 ' ^D eg . 5+-^ 42^ N 7GD eg . 
24-^ 3B^ Wr 
-fd-)- Willis Cre e k. Aii wa te r s 
upstream of a lin e beginnin g 
af- a poin t on -the nort+t 
shor e a+ 3^Deg . 54-^ 0B^ N - 
7GD e g. 24-^ 36^ Wr t henc e -in 
a straigh t 1 iiie trr a point 
on t h e south shor e a+ 3^Deg . 
56-^ 55^ N - 7GD eg . 24-^ 4-H^ 
W-^ 
■H-fr)- Nor t h Riv e r A re a. Aii 

t hos e wa te rs ups t ream of a 
1 in e b e ginnii ' ig on t+te e as t 
sh o r e a+ 34D e g. 46-^ ^3^ N - 
7GD eg. 36-^ 2^^ Wr t h e nc e 
across t li e r iv er •bn a poin t 
on the west shore a+- o4&ogr 
^rH- 49" N - 7GD c g. 37-^ +4^ W-r 
•f+94 in tire M o rehead Ci t y 

Beaufor t Newport Rive r Ar e as . 
■(-zr+ Beaufort Area. Aii fho 
wa te rs e nclosed by a lin e 
b e ginning a-t a poiir t 3^B e g . 
42-^ i:?:^ N — 7GDeg . 4^^ 4^" 
W and pLoceedlng along eas t 



sh o r e of Radio Island, -in a 
north and e ast directiun, ^ro 
tlie west end of the Beauf ui- 1 
Bridg e ; t lt e nc e along bridg e 
to Beaufort m ainland; t heni-e 
al o n g tire north sliore of 
Taylor Gr e ek -to L e iiiiuAvllle 
Po in t ; t lienc e -in a 
nor t liw e s te rly dii. e «- ll u n tro 
■the head of Turner Cr ee k; 
tl - ienc e -in an easterly 
dir e c t ion tr> poin t 3^D e g . 
43-^ 4+°- N — 7GDeg. 3t^ &fr" 
^ t h e nc e 007Deg. -fW- 450 
yards -to a poin t 3^Deg . 43-^ 
40" N — 76D e g. 37-^ 04* Wr 



tli e nc e 
yard s "bo a 

42-^ ee* N ■ 

Wr thenc e 
yai ' ds to a 
Island a^t 
7GD eg . 



17!3Deg. 



■efH- 



H50 



b e acon vt 3^D e g . 

— 7GD e g. 36-^ 43" 
291D e g. ■(+«- 9m 
poin t on Car rut 
34Deg. 42^ +4" N 

3t^ -i6" Vfr t h e nc e 
shorelin e 



w e s t along south 
of Carro t Island crossing 
mou t lis of aii cr e eks on 
Carr ot Island and proc ee ding 
al o n g soutli shore of Taylor 
Creek and Town Marsh -to a 
poin t 34D eg . 42^ 23" N — 
7GDeg . hO 32 W on west end 
of Bird Shoal; t h e n ce 270 
Beg. (M) 500 yards -to -ttre 
poiii t of beg lulling; 
■(irt- Mor e head Ci ty Ar e a . Aii 
tl - ie waters e n c l o sed by a 
1 Ine beginiiing a+ a poin t on 
■the sli o r e 3-t S ' ^D e g. 43-^ 00" 
N — 7GD e g. 43-^ 20" W and 
running lOGD eg. -ffH- 475 
yard s to a point 34B e g . ^2' 
53" N — 7GD eg. 43-^ 20" Wr 
t h e n ce 105Deg. -efB- 2,350 
y jrds -to a poin t 3^B e g . 42-'- 
43" N — 7GD eg . 42-^ 04" W 
on nor t hw e s t ern e nd of Spoil 
Island ; tl - ienc e -in a 
soutli e ast e rly dir-jc t ion 
f ollov;ing :.hor e lin e fo a 
p oin t lo c a te d 3^Deg . 4-H- 56" 
N — 7GB eg . 40-^ 47^ W on 



For t Macon ; t l - i e nc e 350Deg . 
-(-M-)- 750 yards fo a poin t on 
Radi o Island at- 34I) e g . 42-"- 
22" N — 7GDeg. 40-^ 49" Wr 
tl - ience along slior e line -in a 
nortliw e s te rly dir e c t ion ■to 
eas t end of Newpor t River 
bi ' idge ; t h e i - i ce vjest -to 
Morcliead City m ainland; 
t henc e sou t li and w e s t along 
sltoi e lin e ba c k "to "the point 

(c ) Newpor t Riv er Ar e a . 

( i ) B e ginnin g atr a poin t rm 
westside of Grab Poin t 
Cl - tann e l a-t 3 ' <D e g. 44-^ 2+" 
N — 7GB e g. 42-^- 2?" Wr 
t h e nc e a c r o ss channel ■to a 
poin t on ■tho e as t sho re a-t 
34D eg . 44-^ 20" N — 7GD e g. 
42-^- +3" Wr t h e n ce 
suu t herly alo i' ig shore, 
Li ussing moutl - is of cr e eks 



NORTH CAROLINA REGISTER 



199 



■to tl ' i e scutl ' i e rnmo&t p oin t 
o-f the Newpor t Marsh e s at 
34Deg. ^3-=- 4«^ N — 7GDeg. 
■4-H- A-5^ W-r t h e nc e across 
soutl ' i e i u t-rp o-f 
Island at 3^Deg . 
N — 7GD e tj. 



T /-ir.TT.T i- -■ 

TTTiTtT tO 

Philli p s 
2+^ Wr 



t henc e im a 
1 ine to the east 
errd o^ t+re N e wport Riv e r 
Dj. idgii ; th e nc e w e st e ily 
along tire br idg e to t+re 
mainland ; t li e m. u 

proce e ding nor tli along t+re 
shor el ine o-f tire yacl - i t 
has in , Cali co Cre e k, arrd 
l/ill is Creek back to t+re 
p oin t o^ beginning . 

( i 1 ) AH t+re waters o^ t+t« 
N e wpor t Riv e r west o-f a 
lin e beginning at a poin t 
OTT th e soutii slior e 3 < ^Deg . 
^r^ -^5^ N — 7CDeg. -ir^ 
ea^ \^ tl-ienc e SliGD e g . -f+H 
2 > 1 30 yards to a poin t ^m 
t he nor th sliore 3^D e g . ^5 ' 
-^T^ N — 70Deg. 45-^ -^a" Wr 

( iil ) AH t+re wa te rs o^ 

lla r l ov f c Creek nor t li o-f a 
line beginning at a po in t 
OTt th e v; e s t sl ' ior e 3^Dcg . 
46-^ -^r+o- N — 7GD eg . 43-=- 
£3^ W-r t!iei - ice OGOD eg . -H++ 
^GO ya r ds to a poin t on 
t+re e ast sl ' ior e 3^Deg . Mr^ 
4^9^ N — 7GDe g . 43-=- +5^ Wr 

( iv ) Core Cre e k A re a . AH 
tliose wa t ers bounded on 
tire sou t h by a lin e 
beginning a+ 34D e g . A^r-"- 
53^ H — 76De g . 4+^ +^?^ H-r 
on t+re wtrst sliore ; t li e nce 
to a poii ' it at 3 ' 4Deg . 46-=- 
53-^ N — 7GDeg. 4+-=- e^^ W-r 
on t+re cas t sliore , and 
bou i ided on tli e nor t l ' i try a 
line beginning a-t a poin t 
on tl ' ie eas t slior e rrf Adams 
Creek at 3 ' 4Deg. 55-=- €^^ H 
— 7GDeg . 39-=- 2*=^ Wr 
t hence im a s ti aiyh t 1 in e 
througli mark er -fr-H- to a 



s li ore at 
— 7GD e g. 
:lude t lig 



p oin t on t h e west 
3 ' ^Deg. &&^ 09^ N - 
4^-^ ^«^ Wr to int 
lew and aii tr ibula r i es ; 
-fv+ Town Creek Ar e a . A+i 
t lios e waters e nclos e d by a 
line b e ginning at a point 
approximately 5fr^ yards NE 
odF Gallan t Poin t at 3'iDey . 
44-=- +a^ H — 7GDeg. 4«-=- 

e4^ Wr t hen ce +-0^^ yards 
t-o Channel Marker ■#-+ at 



3 < ^Deg. 44-=- ++^ N — 7GD cg . 
4«-^ 4«^ Wr t h e n ce +&e^ 
yards to the west ond ox 
t+re draw Li. Idye ove-r 
Gallant Chann e l at 3 ' ^Deg . 
43-=- 2+^ H — 7 G D eg . 4^-=- 
1 3'' Hr t h e nce eas t along 
b r idg e to tire B e auf ort 
mainland ; th e nce eas t e i 1 y 
followin g sliui. el In e of 



Town Cr ee k back to th« 
point of b e giiining . 
■fd+ Pel e tier Cr e ek Area/ 

All t+re wa t ers enclus e d by 

a 1 in e b e ginning at a 

poin t on slioi 'e 3 ' ^D eg . 43-^ 

32^ N — 7GDe g . 4?-=- 0^ Wr 

tlienc e 107D e g. -m+ 3^ 

yards to a p oin t 34Deg . 

43-=- +&^ N — 7GD e g. 47-^ 

6^^ Wr air nor t h -soiiw of 

I CVflV ; th e nc e 099Deg. ■«++ 

1 . G50 yaids to a poin t 

loca te d 34D e g. 43-=- +t^ N 

— 7GD e g. 46-=- 04^ Wr 

t h e nce 007Deg. ■(+H 3^^ 

yards to a poin t on slior e 

34D eg . 43-=- £6^ N — 7GDeg. 

46r=- 64^ Wr includiiig aii 

of Pelet ier Cr e ek; 

-(-e-)- Gpoonei s Cr e elc Area . Aii 

t h e wa t ers enclosed by a 

1 in e beginning at a point on 

tho shore at 3 ^ De g . 43^ 3+* 

N — 7GD e g. 40-=- 2^^ Wr 

th e nc e 102D eg . -(+f+ 3^^ yards 

to a poin t at 34Deg. 43^ 3*^ 

N — 7GD e g. 46-=- 2^^ Wr 

t h e n ce Q 9 3D e g. -t+f+ 559 yards 

to a point at 3 4 D e g . 43-»- 36^ 

N — 7GD e g. 46-=- ^6^ Wr 

t h e nc e 004D e g. ■(+++ 35^ yards 

to a poin t at 34Deg . 43-^ 

SH-"- N — 7GDe g . 46-=- m^ W to 

include aii of Gpooner s 

Creek. 

( 20 ) in Dogu e Sound 

A t lan t ic Dcjuii Ai e a ■ 
+a-^ A t lan t ic Beach Ar e a ■ 

-f-H- B e ginning at a poin t on 
t+rc v;e s t slior e of 
Moonl ight Bay at 34D e g . 
4*-=- 4a^ N - 7GDeg. 44-=- 3+^ 
W-r tl ' i e nce in a s t i. aigli t 
1 ine t"o a po int tc^ the 
soutl ' i end of t+re A t lantic 
Beach Bridge at 34D e g . 42-=- 
46^ N - 7GDeg. 44-^ +^^ Wr 
to includ e all of 
Moonl igli t Bay and Caus e way 
Canal on t+re west s id e of 
t+ro c ause'.'.'ay , and on the 
ejst side of t+t e 
causeway . Wes t Canal , 
C e n t ral Canal , Cas t Cajial , 



Mon 



try 



^land Slough ■ 

Marina, 6 -b^ 

arrd Tr iple &s^ 



Marina, 
Mar ina . 
( ii ) Aii tl ' iose wat e rs 

ups ti aam fro m a poin t near 
t+re west end of P o nd Drive 
on A t lan t ic Beach at 
34D e g. 42-^ 2+^ N — 7GDeg. 
44-=- 46^ Wt t h e n ce in a 
sti ' ai y h t 1 in e 2B-9 yards in 
a wes te rly dir e c t ion to a 
po in t on t+re shor e at 
34D e g. 42-=- 2-1-"- N — 7GD e g. 

■friri- in Goose Cr ee k . Upstr e am 
fr om a lin e drawn fro m a 
p o in t on t+re e as t shor e 
34D e g. 4-H- 5-H^ N — 77D e g. 



200 



NORTH CAROLINA REGISTER 



^6-»- 3S^ W -to a poin t on -bhe 
ntrsrk sh o r e 3 4 D e g . ^+^ 5^^ N 
— 77D e g. ee-^ 45^ Wr 
■(-c-)- irt Br o ad G ree k. Ups t r e a m 
rroui a 1 iiie ui' awii rr oin tlie 
e ast bank a* a point 3 ^ Deg . 
43-^ +e* N — 70D e g. 56-^ 34^ 
Wt e xt e nding tw a poin t on 
t he wes t bank at 34D e g . ^3 ' 
06^ N — 76D eg . 56^ 55^ Wr 

(d ) Jumping Ron Creek Area . 
B e ginning at- a poin t on ttre 
shore S ^D eg . 43-^ 5t^ N — 
7GD eg . 52-^ 2^^ Wr t h e nce 
104D e g. -«H- 2*^ yards -to a 
poin t 3^D e g. 43-^ 3^^ N — 
7CD e g. 52-^ Se^ Wr t henc e 
09GDeg. -(+B 45^ yards to a 
poin t 3^Deg. ■^-^ 5^^ N — 
7CDe g . 52^ O^^ Wr t h e nc e 
OOGD e g. -fM-)- 2?^ yards ttj a 
poin t on the slioi e 3 ' 'iD eg . 
-43^ 5e* N — 70D e g. 52-^ Q^r^ 
Wt- to includ e aii rrf Jumping 
Run Cr e ek; 

( e ) Goundview Cr ee k Ar e a . 

Aii wat e rs ups t ream o-f a 
lin e across th« mouth o-f the 
Guujtdview Cr e ek. 
■erB- Gai te r Pa t h. Goutli o-f 
a line beginning at- a poin t 
on the shor e 5 - ^D eg . 44-^ 26^ 
N — 70Deg. 52-^ 42^ Wr 
t h e nce +9-& yards -to a poin t 
34Deg. 4+-^ 3+°- N — 70D cg . 



52-^ 42^ Wr 



th e nce 1 , 050 
yards to to a poin t in t l - i e 
sound at 3^Deg. 4+^ 3+^ N — 
7GDeg. 53-^ 4^^ Wr t h e nc e +4^ 
yards to a poin t on t+rc 
shore at 34D e g. 4+^ 29^ H — 
76De g . 53-^ 4*^ Wr 

-(-g-> Hun t in g Island Cr e ek 

Area . Aii wa te rs upstr e a m 
from a lin e begijiniu g at a 
po in t 3^Deg. 4-H- 6^^ N — 
7 7Deg . 02 20 W on the cast 
shore ; t lienc e in a s t raigli t 
line , 46-9- yards ■ t-o a p o in t 
on island in c e n t e r xrf cree k 
at 3^D e g. 4-H- 05^ N — 
77D e g. 02^ 55^ Wr t hence in 
a s t raigli t lin e , 275 yards , 
to a poin t on the wtrs-b sh o r e 
ai 3^De g . 4i-^ +2^ N — 
77Deg. 02-^ 46^ Wr 

-(-h-> Aii waters wi t hin the 

harbor at Roger Jones Fish 
Company; 

■(-ri Aii wa te rs ups t r e am 
f ium a line across t h e mou t h 
o-f Gull Harb o r ; 

( 3 ) Aii wa t ers wi t liin t+re 

Pin e Knoll Gliores area 
ups t r e am oi^ lin e s drawn 
across the mou t hs o-f M c N e il 
Inle t and Itof fmau Inl et ; 

-Hc4- Aii wa te rs bounded by a 
1 in e b e ginning tt± a poin t 
S - iiDeg. 42-^ Q9^ H - 7GDeg . 
46-^ -1-e^ W on the wes-t shore; 
t l ' ience in a s-t r aigli t line 
to a poin t on tlie e as t sli o r e 
vt 3^Deg. 42-^ ^t^ N - 7GDcg . 



45-^ 55* Vh- trj include aii 
w a t e L' s OT t lie bay . xA bay 
on Bogu e Banks nea r Hoop 
Pol e Cre e k. ) 
(21 ) in the Whi te &sir. Riv e r Area . 
( a ) All wa te rs ups t r e am of a 
lin e ai-iuss the Whit e Q^i^ 
River beginning a+ a poiii t 
on t he wes t slior e at 3^Deg . 
43-^ 34* N - 77D e g. 07-^ 50* 
W-r tli e nce in a straiglit lin e 
t^ a poin t atr 3^D e g. 43-^ 52* 
N - 77Deg. 06-^ 5+* Wr on the 
e as t shor e . This includ e s 
Holland Miii Cr e ek, Harg e t t s 
Cr ee k> Godfr e y Brancli, and 
aii o t h e r t ribu t aries . in 
Fot t ifo r d Cre e k, from it-s 
or igin to a point one mil e 
duwiistr e am f r om th e HG 59 
bridg e over said cr e ek; in 
G t ev e ns Creek, fr-om its 
or igin to the mouth; and 
beginnin g a-t a p o in t tm M"b-r 
Pleasan t tx± 34D e g . 42^ 03* N 
— 77De g . 06-^ 50* tfr t h e nc e 
in a straiglit lin e to a 
poin t on ttte iiur titer n end of 
Jon e s Island ni: 34Deg. 4+-^ 
54* N — 77D e g. 0^^ 30* Wr 
t h e n ce in a s t raigh t lin e to 
eastern end of Highway 24 
bridge trt Gwansb o ro 34D e g . 
4-H- 09* N — 77Beg. 06^ 50* 
W-r t henc e try a poin t on t h e 
suulhwes t slior e of ICWW at 
3^D e g. 40-^ +3* N - 77D e g . 
00-^ 00* W-r nea r B e acon % A 9 , 
ICWW; t hence acr o ss the i€WW 
to a p o in t on the shor e a"t 
34D eg . 40-^ +0^ H - 77B e g. 

rs o T n r- tt , i . 

■Hr+ Aii wa t er s in G tar k e y 

Creek ups ti eam from a 
s Li al g li t 1 in e across t+re 
mou t h of the cre e k; 

-fc-^ Aii vta tc rs v j i t hin t+re 
Gwansb or o Ya c h t Basin ; 

( d ) All tliuse vjat e r s in 

Queen Ci ee k ups t r e am of a 
1 in e be g inning a-t a poin t on 
t+re e as t sh o r e srt 34Be g . ^1 ' 
03* N - 77Djg. 0^ -^ 43* Wr 
t h ence in a s cr aigh t lin e to 
the wes t s h ore at 34D eg ■ 40-^ 
4^* N - 999r^-7 +0-^ 00* W^ 

■fe-> Aii t h o se v;j ter s in Bicks 
Cr e ek upstrej.m of a s t raigh t 
1 in e b e ginning v± a poin t on 
th e s o u t h sh ore at 3 ' ^Beg . 
39-^ 5+ * N - 77D eg. 09-^ +0* 
W-r thence in a s t raigh t lin e 
to t+re nor t h shore at 3 < <P e g . 
40-^ 09* a - 77Deg. 09-^ 20* 

(22) B e ar Cr e ek Ar e a . Aii 

those waters ups t ream from a 
1 ine drawn across t+re cr ee k 
beginning at a p o in t on t he 
nor t h sh o re at 34D eg . 36-^ 
42* a - 7 7D gg. +2-^ 33* Wr 
tiience to t+re sou t h slior e tirb 
34Deg. 30^ 2^7* N - 77B e g. 

-1 o r /, A rt rj 



NORTH CAROLINA REGISTER 



201 



<-i 



r^ irt -Hre Jfew Riv e r Gn e ads 



F e rry Ar e a ■ 

-(-a-)- Faiiiii e Cr ee k arrd Wh ee l e i 
Cr ee k Ar e a . AH wa te is erf 
Fanni e Gr ee k ami Wli ee lt;r 
Ci -e ek south erf a 1 in e d r aw n 
fTT OTO t+re nor t l - iwtti, I slioi e rxf 
Fanni e Cr ee k, a-t ZAD^y . 5V^ 
+a^ N - 77D eg . 23-=- 59^ Wr 
t lience -irt a s t raigh t 1 in e +t3 
a poin t tsTt Pover t y P o in t , trt 
3^Dccf. 5^-"- e^^ N - 77Deg. 

■ftr^ Wilkins Bluff. Aii wa te rs 
bounded by a 1 in e b e ginning 
a-t a pro in t 3+ 3^iD e g . 5^^ 
5^^ N - 77D c g. 2-H- SS^ H-r 
t li e nc e irt a s t raigh t 1 in e tro 
a poin t a+ 3^De g . 54-"- 26^ H- 
77D cg . 22-=- 0^^ W in t+re btrsrr 
t li e n c e trr a point a-b Wilkin-. 
Bluff a+ 3^Deg. 3V- +5^ N - 
77D eg . 24-"- 4^^ Vfr t h e nc e 
nortli al o ng t+re s ii ore 1 in e 
"bo t+t« po in t <yf b e ginning . 
(c ) in Cv e ret t Cre e k and i-bs 
t ributaries south and wtrs+ 
o-f a 1 ine drawn from a po in t 
cm t+re vrc-s± sli o r e 3^De g . 34 ' 
+e^ N — 77D og. S^-"- 55^ W-r 
t h e n c e 9 4D cg. -H^hr &5^ 
yards -to a po in t on t+re e ast 
shore 34De g . 34-"- ^-a^ N — 
77Deg. 24-"- 35^ W^ 
-txH- G t ones Day . 

■(r±^ Mri wate r s bounded by a 
liP-e b e ginning at- a po in t 
on t+re vjcs t sliore a+ 
S'lDe g. 35-"- +&^ N - 77D cg . 
26-"- ^5^ Wr t h e nc e €H75 
yards im a nor t l ' icas t ei ly 
direction t-o a poin t in 
■Ht« B«y a+ 34D eg. 35^ 3+^ 
N — 77D eg . 25-^ 5+"^ Wr 
t h e nc e 56-0 yards -in a 
n ort he r ly direc t i o n -to a 
p o in t 3 '^D eg. 35-"- 45^ N — 
77Dcg. 25^ 5+"^ Wr t h e n ce 
000 yards im a 

nor tl ' iwestcr ly direc t ion t-o 
a poin t on sl ' iore zct 34Deg . 



77D cg . 26^ 

al o ng t h e 

southerly 

poin t of 



AH 

o-f a 1 in e 

o^ S to n e s 

air a po in t 

sh o r e a+ 

H - 77De g . 



35^ 32^ ^f 

+^7^ i-fr t hen ce 

shore im a 

di re c t i o n t-o 

b e ginning . 
( ii ) St on e s Cr e ek . 

waters up str ea m 

near th e mou t h 

Cr ee k beginnin g 

on t h e s o u t h 

34D eg . 36-^ 33^ 

26-"- 44^ Ifr t h e nc e -bo a 

poin t on t l ' ie nor t h sh ore 

■si: 34Dc g . 36^ 32^ N - 

77D eg . 26-"- 56^ Wv 
■(-e-> ffew River . Aii w at e i ' s 

u p s tre am o-f a line dravm 
aci OSS hhrw Riv er b e ginning 
a-b a p oint on t-he west sliore 

77De g . 22-"- 35""- H-r t h e n c e 
t h ro u g h eiiann e l M ark e r #42 
tro "Hte eirrt shor e a-b 3 4D e g . 



5^i 44^ N - 77D e g. 2+^- 2^^ 

-f-f-)- Aii wat e rs erf Dumps Gr ee k 
ups t r e am trf a 1 in e drawn 
22 1 B eg . (M ) frum a point on 
t h e e as t sid e of the mouth 
of Dumps Cre e k 34Deg. 32-"- 
25^ N — 77Deg. 22-"- 23^ Hr 
t h e n ce running 2&0 yards t-o 
a poin t on t lie wes t side tri 
t+re mou t li o^ Dumps Creek 
34D eg. 32-"- +9^ N — 77Deg. 

■"» '^ t -7 ^ rr f.i ■ 

■(-g-> Fullard Gr ee k tm^ Chai les 
Creek . All wa te rs upsti ua ii i 
o-f a s t r jigh t line drawn 
from a poin t on -bh* e as t 
sh o re of Fullard Cr ee k at- 
3 - ^D eg. 32-"- 02^ N - 77Deg. 
22-"- 44^ H-r t henc e tro a point 
on t h e wes t shor e a-b 34Deg . 
32-"- -f3^ N - 77Deg. 22^ 5-^^ 
W-r "bo include 2tii of Charles 
Cr ee k . 

-Ht4 Hurs t B e ach Ar e a . 

Beginning a±- a poin t on th e 
n o r t h shor e trf tli e 
In tr a c oastal VJa ter way 3^D e g . 
34-"- 44^ N — 77D e g. +3-"- 54^ 



W-r t h e nce 
I^OD eg. -fW- 



■ tro 



a+ 



t+re suu t l ' i sh o re 
43^ N — 77Deg. 
t lienc e in a 

direc t i o n alon g 
sli o re txr a po in t 
36^ N — 77Deg. 
tli e nce 1 1 yards 
■H++-r t-o a pulut 
shore 34D e ^ ' . 
^7D eg . 



yards 

a p oin t on 

34D eg . 34-"- 

+3-"- 32^ Wr 

sou t herly 

t h e sou t h 

34De g . 33-"- 

+t"-"- 2e^ Wr 

atr 33(JDeg . 

on t+re nor t h 

O J jU It 

2^^ Wt t hence 



al o ng t he nui tli slior e -bo "b+re 
p o in t o-f beginning , tTj 
in c lude t he Intracoas t al 
'vdt er way and it s 

t i ' ibu t ar i e s ; 

^rirf Broivns Creek Ar e a . ftii 
t h os e Vfa t cr s ups t r e a m from a 
i-irre be g inni/ig a-b a point on 
t+re wes t sliore rri "b+re Cre e k 
a+ 34B eg. 3-?-=- 06^ N - 77Deg. 
1 3 ' 03" W-r t lience t-o a poin t 
on island a-b 34De g . 37-"- +0^ 
N - 77Dcg. +2-^ 3&^ W-r t h e n ce 
■bo a poin t on f+re nortli 
shore a-b 34De g . 37-"- +3^ N - 
77D e g. +3-"- 03^ W^ 

-fj-> F re n c hs Creek. Aii 

vfa t er s b o unded by a 1 ine 
beginning on t he shor e so u t h 
of Fi enchs C ree k a-b 34Deg . 
36-"- 65^ N - 77Deg. 20-^ 33^ 
Wr tlienc e in a nor t hwesterly 
di r ection -bo a poin t in t h e 
r iver at: 34D eg . 3^-"- +^^ N - 



2-H- 



77D eg 

an 

t-+re shor e 

N - 77De g 



\^^ Wt t h e n ce in 
dir e c t ion ttj 
atr 34D e g. 39-^ +3^ 

26-^ 56^ Wr t h e n ce 
sh o r e back ^ro t h e 



along t h e 
po in t of b e ginning . 
-(^4^- +n Hiiri C ree k 

C All iya t o r Bay ) . Beginning 

atr a po in t on t+te shore in 



202 



NORTH CAROLINA REGISTER 



Alli g a t or B«y 34D eg . 36-^ 4*^ 
N - 77D e g. aS-^ ^5^ Wr t h e nce 
225D e g. (M), t'O^ yards to a 
poin t on th« shor e 34Deg . 36-'- 
S4" N - 77D e g. 25^ 23^ Wr to 
includ e aii ttre wat e rs 
upstr e am wf this lin e . 
(25) in S t u m p Sound Area . 
(a) All thos e waters -in 

King Cr ee k ups t r e a m of a 

lin e drawn from a po in t on 

t4Te no rt h shor e at 34D e g . 

SftJ- 4&^ N - 77D eg . 29^ 45^ 

Wt t h e nc e -in a straight lin e 

■to a poin t on ttre soutlt 

shor e at 34Deg. 26-^ 3^^ N - 

77D e g. a^-^- 44^ W-r 

-fb-)- Aii t hose wateis bounded 

vn -khc nor t h e as t by a lin e 

beginning at a poin t at 

34D e g. 2rH- m^ N - 77Deg. 

30 22 rrr near the end of 

U t o p ia S t r e et: off Ilwy . * 21 ; 

t henc e to a point near ICWW 

at 34Deg. ?r?-^ 3t^ N - 77D e g. 

3+-'- 63°- Wr t h e nc e following 

tii« sou t h shor e of the ICW 

•in a southwest e rly 

dir e ction, crossing aii 

t ribu t aries, to a poin t on 

tire shor e at 3^D e g. 26-^- 43^ 

N - 77D e g. 32-^- 35^ Wr t henc e 

a cross the ICtVW to a poin t 

on the maiitldiid at 34Deg . 

26^ 22^ N - 77D eg . 32^ ^9^ 

W-r thence proceeding -in a 

sou t liw e s t erly dir e c t ion 

along the shor e line, 

crossin g Hwy . 2-V& Bridg e to 

the south sh o r e at ICWl > /; 

th e nc e -in a nor t h e as te rly 

dire>-tion, f o llowin g the 

shoreline back to the point 

of beginning, to include aii 

wa t ers wi t hin said b o undary; 

(c ) All water s ups t r e am of 

a lin e beginning at a point 

on shor e at 34Deg. 25^ 49^ N 

- 77D eg . 32-^- 56^ Wt near 

Ilwy. 2-l-e Brid ge at Sn rf 

Ci t y; t h e nc e across Bay to a 

poin t at 34Deg. 25-^- 43^ N - 

77D eg . 33^ 09^ W-r 

(20) in Vi r ginia Cr ee k. Aii 

wa te rs up&ti e am of a lin e 

b e ginning at a poin t on the 

north e as t shor e at 34Deg . aS-*- 

Z9^ N - 77D eg . 36-^- e^* Wr 

th e nc e across the Cr e ek to 

the sou t hwes t shor e nt 34D e g. 

2^^ 69^ N - 77Deg. 36^ +3^ Wr 

to include aii of Mull et Rtm 

Cr ee k. 

(27) in the Wrigh t svill e B e ach 

Ar e a • 

■(-a-)- in aii of the wa te rs of 
Page and Fibbs Cr ee k north 
vnd w e st of a lin e drawn 
from a point on the eas t 
sh o r e xrf Pag e Cr ee k 34D e g. 
i^^ S^ N — 77D e g. 4^^ 43* 
Wr th e n<- e 224Deg. -H^- 406 
yards to a poin t on the wes t 
sliore of Page Cre e k 3 4 D eg . 



+6^ 46^ H — 77D e g. 46-^- 53* 
Wr 

■Hr)- in Middl e S o und within 
2fre f eet of Ilarr e lson^s 
Marina; 

■(-c^ Aii thos e wa te rs in Middl e 
Sound and the i€WW b o und e d 
on the sou t hwes t by a 
s t raigh t line beginning at 
Mon e y Poin t 34De g . ■H-'- 36 * 
N - 77D eg . 49^ 2t^ Wt t h e nce 
to a poin t on the northwes t 
sho re of Banks Chann e l at 
34De g . +2^ 63* N - 77D e g. 
4&^ 6e* W and bound ed on 
the nor t h e as t by a lin e 
beginnin g at a p oin t 34Beg . 
^3-^- ^Hr* H - 77D eg . ^rH- 2+* 
Wr t henc e in a stiaiglit line 
to 34Deg. +3^ 24* N - 77D e g. 
A9-^ 22* W-r t h e nc e in a 
s t raigh t lin e to the e as t 
shor e of t h e In t racoastal 
Wa t erway at 34D e g. +3^ 56* N 
- 77D eg . A9^ 59^ Wt- n ear 
ieWW Ft B e acon "125"; thence 
in a northeast e rly dir e c t ion 
along the sho re lin e ac r oss 
the mou t h of S t okl e y Get and 
proc ee din g ai ong the 
sl ' ioreline in a nor t h e ast e rly 
direc t ion to 34Deg. +4^ 42* 
N - 77Deg. A^--- +6* Wr th e nce 
in a straight lin e to 34D e g . 
+4-^- 4t^ N - 77De g . 4t^ +t^ 
Wt to include Bradl e y Cr ee k 
and aii o t her t ribu t ari e s; 

■fxH- Aii wa t ers in Johnson 

Mar ina upstr e am of the mouth 
of the mar ilia . 
(20 ) in Masonburo Sound Ar e a . 

■(-a-> Beginning at a poin t on 
the mainland at 34Deg . ■G6-'- 
36* N - 77De g . 5+^ 4i* Wr 
n e ar i€WW Marker # 139; 
t hen ce in a straiglit lin e to 
ieWW Mark e r ♦+39 at 34D eg . 
66-^ 35* N - 77Beg. 5+^ 3t^ 
Wt t h e nc e in a nortlieasterly 
direc t ion followin g 

i»outlteas t side of ICWW 
channel to a point 
approxima te ly 356 yards 
northeas t of i€WW Mark e r 
*+36 at 3^Deg. 69^ 3t^ N 
77De g . 56-'- 59* Wr th e nce in 
a straigli t lin e to mainland 
at 34D e g. 69-'- 42* H - 77D e g. 
5+-'- QS^ Wt th e nc e sou t h e rly 
along mainland shor e lin e 
back to the p o in t of 
beginning . This is to 
include Purviance (Wliisk e y ) 
Cre e k, Chann e l Hav e n, md 
aii ot h e r t ribu t ari e s wi t hin 
said boundary ; 

■(-b-> Aii the waters ups t r e am of 
a lin e b e ginnin g at a poin t 
on the noi ' th e a -st sh o r e of 
ll e wlet t s Creek at 34D eg . -H-'- 
+&* N — 77Deg. 5^ 5^ Wr 
t h e nc e in a straigh t lin e to 
a poin t on the suutliw e s t 



NORTH CAROLINA REGISTER 



203 



shor e a+ 34D eg . ++^ ^7^ N — 
77D e g. 5^ -^ 5^^ W^ 

(2 9 ) in tire Myrtl e Grov e Gound 
Area • 

irtr)- Aii t h o s e wa te rs sou t li ami 
w e s t vf a s t raigh t line 
drawn fi -om n poin t on the 
b e ach at 3 ^ D e g. e^^ W* N — 
77Deg. 52-^ 49^ Wr t h e nc e 
across t h e sound t lirouglt iG 
WW Markgr t 157, tt> a point 
on the mainland at 3^Deg . 
04-^ 6^^ N — 77D e g. 53-^ 2*^ 
Wt to includ e aii vf Sn o w s 
€-ttt and the Carolina B e ach 
Boa t Basin; 

■Hr)- Aii t hose wa ter s wi t hin an 
area b e ginning at a poin t on 
Ped e n Point at 34Deg. ^9-^ 
3t^ N — 77D e g. 52-^ ^6* Wr 
t henc e to a p oint on the 
e as t side «rf the ICVJW at 
34Deg. ^9-^ 35^ N — 77D e g. 
52-^ 04^ Wr t h e nc e sou t herly 
along the e as t side trf the 
ICI ' JW Chann e l -bo a poin t at 
S - ^Deg. 06^ 05^ H - 77De g . 
52^ 36^ Wr t h e nc e batrk tw 
t he mainland vt 34Deg . 06 ' 
03^ N - 77D eg . 52^ 43^ Wr to 
includ e Ev e r ett Cr e ek and 
aii oth e r t ributaiies witl ' iin 
said boundaries . 

■(-c^ Aii t hos e waters witliin 
the Carolina Inl et Marina 
from the e n t rai ' tc e to the 
lieadwa t ers . 

(30 ) in the Cape F e ar River 
and Goutlitjoi ' t Area . Aii 
t hos e waters noL ' tl ' i and w e s t 
trf a line beginning at 
Fed e ral Poin t at 33D e g. 57-^ 
34 ^ N - 77D e g. 56-=- 42^ Wr 
th e nce -in a 
wes t nor t l ' iwes t erly dir e ction 
to Fi-r Beacon vt 33D e g. 5-7-^ 
42^ N - 77D eg . S?-"- «^^ Wr 
t hence in a soutliw e st er ly 
direc t ion to Fir Beacon " 1 C" 
at 33D e g. 55^ 2^^ N - 77Deg. 
59-"- 36^ Wr t h e nc e in a 
wes t — sou t hwes te rly direction 
to Firr B e a co n ^ 1 4A" at 
33Deg. 54^ 43* N - 70D eg . m^ 
5ft* Wr t h e nc e to a point n e ar 
For t Casw e ll at 33De g . 53^ 
45* N - 70D e g. B-h^ +&* Wr and 
aii wa te rs in the 
Intraeoastal Wa te rway, 
Elizab e th Riv e r > Dutchman 
Cr ee k, a nd aii tributaries 
to a lin e across the ICIW 
be g inning at a poin t on t h e 
south shor e at 33Deg. 55^ 28* 
N - 70De g . «ft-^ 04* Hr t henc e 
to the nor t h sliore at 33Deg . 
55-'- 33* N - 70D e g. 00^ 03* Wr 

(31 ) in the Lockwoods Folly 
Sliallo tte River Ar ea ■ 

■fa-)- Lockwoods F o lly Riv e r ■ 

Aii t liose wa te rs upstr e am 
from a lin e b e ginning at a 
poin t on the e as t slior e vt 
33D e g. 56-^ +5* N - 70D e g . 



i*^ 45* Wr t h e nc e to thw 
wes t shor e at 33D e g. 56-^ -Hr* 
N - 70D e g. +3-=- +6* Wr to 
includ e aii tributaries; 

-(-b-> Aii t hos e wa te rs in the 
Gltallott e Riv e r upstream of 
a lin e drawn across the 
river b e ginning at a poiiit 
on the w e s t shore at 33D e g . 
56-^ 34* N — 70D e g. 22-=- 05* 
Wr t lience to the e as t shore 
at 33D eg . 56-'- 3^* N — 
70D e g. 2+^ 4^* Wr 

■(-c4 Oc e an Isl e B e ach . Aii 
wa te rs ups t r e am ( sou t h) of a 
s t raight line drawn from a 
poin t at 33Deg. 55^ 4^* N - 
70Deg. 25-'- 2t^ Wr t h e nc e to 
a poin t at 33D e g. 53-'- 50* N 

- 70D eg . 25-^ 29* Wr to 
include aii t ribu t ari e s; 

■(-d-)- Long Beacli . Aii wa te rs 
upstream (east ) from a 
straigh t lin e beginning at 
Pinner Pt-r at 33Deg . 55^ -f&* 
N - 70Deg. ii^ 4+* Wr thenc e 
in a southerly direc t ion to 
a poin t at 33D e g. 55-'- 05* N 

- 70De g . ii^ 4+* W on the 
sou t h shor e of Davis Creek 
to includ e aii t ribu t ari e s; 

4e4 Aii wa te rs in the 

Intraeoas t al Wat e rway 
bound e d on the nor t heas t by 
a straigh t lin e drawn from a 
poin t at 33Deg. 55^ 26* N - 
70De g . ++^ 33* Wr on the 
sou t h sliore ; t h e nc e to the 
north shore at 33D e g . 55-"- 
2ft* N - 70Deg. "H-^ 3ft* Wr 
and bounded on the sou t hwes t 
by a s t raigh t line b e ginning 
at 33Deg. 55-=- 09* N - 70De g . 
+i^ 53* Wr on the south 
sliore, t henc e to the north 
shor e vt 33D eg . 55^ +3* N - 
70Deg. ++-'- 55* Wr 
(32) in the Calabash Ar e a. 

Aii waters wes t x?f a lin e 
drawn fr om a poin t on the 
sou t h shor e of the ICWW at 
33D e g. 53-'- i^^ N — 70D e g . 
29-'- 0ft* Wr t h e nce t hrough 
Beacon t l 01 to a poin t on the 
nor t h slior e of the ICVW st 
33D e g. 53-^ +ft* N — 70De g . 
29^ 09* Wr and aii wa te rs 
north of a lin e drawn in 
Jinks Cr e ek from a poin t on 
the w e s t shor e at 33Deg . 52-'- 
4ft* H — 70Deg. 29^ 50* Wr 
to a point on the east shor e 
at 33D eg . 52-'- 5-h* N — 70Deg. 
29-'- 45* W-r This includ e s 
th« wa ter s of Calabash Cr e ek, 
Boneparte Cr ee k, De e p 
Backwa t er Cr ee k, Gai t Boil er 
Cr e ek, Blan e Cre e k, the Big 
Narrows, a yui tion of Jinks 
Cr ee k, and the i€WW to the 
Sou t h Carolina 1 ine . 

SECTION .1500 - STRIPED BASS 



204 



NORTH CAROLINA REGISTER 



.1501 COMMERCIAL SEASON 
AND EQUIPMENT 
(a) In internal coastal waters* 
it shall be unlawful to take 
striped bass using commercial 
fishing equipment except during 
the upen season whi c h shall tre 
from Nov e mber +5 t hr o ugh March 
3+ that the secretary, acting 
upon the advice of the sirector, 
based on reasonable and prudent 

management of marine and 

estuarine resources, may be 
proclamation, open and close the 
season between October 1 and 

April 30 ■ The secretary is 

further empowered at his 

discretion, to impose any or all 
of the following restrictions; 

(1) specify number of days; 

(2) specify areas; 

(3) specify means and methods 
which may be employed in 
taking; 

(4) specify time period; 

(5) limit the quantity and size 

(6) reguire submission of 
statistical and biological 
data ■ 

.1502 HOOK-AND-LINE FISHING 

(a) It shall be unlawful for 
any person to possess more t han 
thr e e take striped bass t ak en 
from coastal waters by 
hook-and-line except during the 
open season as established in 15 
NCAC 3B .1501 in any one day. 

(b) Striped bass taken by 
hook-and-line fishing operations 
may not be sold. 

-(-c4 S t ri pe d bass taken -in 
complianc e with t his Sec t ion may 
be possess e d and transpor t ed at- 
any t ime . 

.1505 SIZE LIMIT 

(a) Effec t ive Oc t ober -H- 1 9 05, 
■it shall be unlawful to possess 
striped bass harvested from the 
internal coastal waters of North 
Carolina less than 14 inches 
long (total length). Such fish 
which do not meet the minimum 
size limit shall immediately be 
returned to the waters where 
taken regardless of condition of 
the fish. 

-H>^ Eff e c t iv e Octob e r +t 1 9 00, 
•it- shall be unlawful tr? possess 
s t riped bass harv e s t ed ftront tire 
internal coastal wa t ers of Nor t h 
Carolina less t han +6 inch e s 
long (to t al lengtli) . Gucl ' i fish 
which do no t meet- t he Minimum 
size limi t shall immedia te ly be 
returned to the wa te rs wli er e 
talten regardless of condi t ion of 
the fish . 

(c) It shall be unlawful to 
possess striped bass imported 
from other states less than 14 
inches long (total length). t 
effec t iv e Octobar -l-r 1 9 05, nor 



l e ss t han +6 in c h e s long ( t o t al 
l e ng t h) e ff e c t ive Oc t ob e r +t 
1 9 0Q. 

WILDLIFE RESOURCES 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Wildlife Resources 
Commission intends to amend 
regulation cited as 15 NCAC 10F 
.0305(a)(4). The purpose of the 
proposed regulation is to add 
the portion of the Intracoastal 
Waterway within 100 yards of 
Tanglewood boat ramp in 
Brunswick County to those v;aters 
on which boats are limited to 
no-wake speed. 

The proposed effective date of 
this action is December 1, 1986. 

Statutory Authority: G.S. 75A-3; 
75A-15. 

The public hearing will be 
conducted at 9:00 a.m. on August 
18, 1986 at Room 386, Archdale 
Building, 512 N. Salisbury 
Street, Raleigh, NC . 

Comment Procedures: Interested 
persons may present their views 
either orally or in writing at 
the hearing. In addition, the 
record of hearing will be open 
for receipt of written comments 
from August 19, 1986, to 5:00 
p.m. on September 19, 1986. 
Such written comments must be 
delivered or mailed to the 
Wildlife Resources Commission, 
512 N. Salisbury Street, 
Archdale Bldg., Raleigh, NC 
27611. 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0305 BRUNSWICK COUNTY 

(a) Regulated Areas. 
This Rule applies to the 
waters and portions 

of waters described as follows: 
(4) Intracoastal Waterway: 
(D) Tanglewood Area Boat 
Ramp. That portion of the 

Intracoastal Waterway 

within 100 yards of the 
Tanglewood Area boat ramp 
located on the north side 
of the said waterway 
opposite Holden Beach. 

(b) Speed Limit. No person 
shall operate any motorboat or 
vessel at greater than no-wake 
speed within any of the 
regulated areas described in 
Paragraph (a) of this Rule. 



NORTH CAROLINA REGISTER 



205 



TITLE 21 



LICENSING BOARD 



CPA EXAMINERS 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the CPA Examiners intends 
to adopt regulations cited as 21 
NCAC 8G .0212 and .0408 and 
amend 21 NCAC 8G .0407. The 
purpose of the proposed 
regulations is: .0212 - to adopt 
by reference professional 
accountancy standards 

promulgated by the national 
professional membership society 
in order to promote uniformity 
of standards throughout the 
nation; .0407 and .0408 - to 
establish a requirement for 
continuing education in 
accountancy laws of North 
Carolina . 

The proposed effective date of 
this action is: .0212 - November 
1, 1986; 

.0407 - January 1, 1988; .0408 
- January 1, 1987. 

Statutory Authority: G.S. 
55B-12; 93-12(8b); 93-12(9). 

The public hearing will be 
conducted at 9:00 a.m. on August 
14, 1986 at the N.C. State Board 
of CPA Examiners, 1101 Oberlin 
Road, Suite 104, Raleigh, N.C. 
27605. 

Comment Procedures : Any person 
interested in this rule may 
present written or oral comments 
relevant to the action proposed 
at the Public rule-making 
hearing. Anyone planning to 
present comments at the hearing 
should notify the Executive 
Director at the Board offices by 
August 11, 1986. Written 
statements not presented at the 
public hearing should be 
delivered to the Board offices 
not later than 9:30 a.m., 
September 15, 1986. 

CHAPTER 8 - CPA EXAMINERS 
.0212 ATTESTATION STANDARDS 

(a) A person admitted to 
practice as a certified public 
accountant in North Carolina 
shall not permit his name to be 
associated with financial 
statements in such a manner as 
to imply that he is acting as an 
independent public accountant 
unless he has complied with the 
applicable attestation 
standards . 

(b) The Statements on 
Standards for Attestation 
Engagements issued by the 
American Institute of Certified 
Public Accountants are hereby 



adopted by reference as amended 
through September 30, 1986, and 
shall be considered attestation 
standards for the purposes of 21 
NCAC 8G .0212(a) . 

(c) Departures from such 
statements must be justified by 
those who do not follow them. 

(d) Copies of the 
Statements on Standards for 
Attestation Engagements may be 
inspected in the offices of the 
board, as described in 21 NCAC 
8A .0102. Copies may be 
obtained from the American 
Institute of Certified Public 
Accountants, 1211 Avenue of the 
Americas, New York, New York 
10036 at cost, which 
approximates two dollars 
($2.00) . 

.0407 EXEMPTION AND 

SUBSEQUENT REINSTATEMENT 

(b) Any applicant for 
reinstatement must furnish to 
the Board evidence of 
satisfactory completion of 40 
hours of acceptable CPE courses 
during the twelve-month period 
immediately preceding the 
licensee's application for 
reinstatement to active status. 
Eight of the required hours must 
be credits derived from a course 
in North Carolina Accountancy 
Law and Accountancy Regulations 
( including the Code of Ethics 
contained therein). Any CPE 
course hours used to satisfy the 
reinstatement may also be used 
to satisfy the CPE renewal 
requirement . 

.0408 REQUIRED COURSES ON 

ACCOUNTANCY LAW 

AND REGULATIONS 
Eight of the hours 
required for each three year 
period of licensure must be 
credits derived from courses in 
North Carolina Accountancy Law 
and Accountancy Regulations 
(including The Code of Ethics 
contained therein). 

N C BOARD OF OCCUPATIONAL 
THERAPY 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the North Carolina Board of 
Occupational Therapy intends to 
amend and repeal regulations 
cited as 21 NCAC 38 .0104, 
.0201, .0202, .0204, .0302 and 
.0303. The purpose of the 
proposed regulations is to amend 
and repeal regulations to 
conform with recent changes to 
American Occupational Therapy 
Association guidelines and to 
update according to current 
practice . 



206 



NORTH CAROLINA REGISTER 



The proposed effective date of 
this action is November 1. 1986. 



Statutory 
90-270. 



Authority : 



G.S. 



The public hearing will be 
conducted at 3:30 p.m. on August 
18, 1986 at Suite 1921, Center 
Plaza Building, 411 Fayetteville 
Street Mall, Raleigh, N.C. 

Comment Procedures: Data, 
opinions and arguments 
concerning these rules must be 
submitted by August 15, 1986 to 
the North Carolina Board of 
Occupational Therapy, P.O. Box 
2280, Raleigh, N.C. 27605, Attn. 
Charles Wilkins . 

CHAPTER 38 -OCCUPATIONAL THERAPY 

.0104 RULEMAKING AND 

ADMINISTRATIVE HEARING 
PROCEDURES 

(a) The Model Administrative 
Procedures for Rulemaking and 
Hearings, codified as Title 22, 
Subchapters 2B and 2C of the 
NCAC , Effectiv e Se pte mber a9-r 
1 900 as amended Februarv 1 , 
1 986 , are hearby adopted by 
reference to apply to actions of 
the North Carolina Board of 
Occupational Therapy. 

(b) The definitions contained 
22 NCAC 2A .0005 are adopted by 
reference and shall apply to the 
North Carolina Board of 
Occupational Therapy with the 
following modifications: 

(4) "Examination" means 

the certification 

examination administered by 
the American Occupational 
Therapy Associa t ion 

Certification Board. 

(c) Copies of 22 NCAC, 
Subchapters 2B and 2C, and 22 
NCAC 2A .0005 may be inspected 
at the agency address. Copies 
may also be obtained from the 
Adminis t ra t ive P roce dures 
Gm- 1 ion crf t h e A tt orney 
Gej ' ieral ' s Offi c e, +& E-r Jones 
Stree t , Raleigii, ffr-G-r 27602 

Office of Administrative 

Hearings, Raleigh, N.C. 

.0201 APPLICATION PROCESS 
Each applicant, including 
those trained outside the United 
States or its territories, for 
an occupational therapist or 
occupational therapist assistant 
license shall complete an 
application form provided by the 
board. This form shall be 
submitted to the board and shall 
be accompanied by: 

(5) a form provided by 



the board containing signed 
statements preferably from 
at least two (2) residents 
of the State of North 
Carolina attesting to the 
applicant's good moral 
character; and 

.0204 FILING FEES 
(b) Fees are as follows: 

( 1 ) a request for an initial 
application for licensure as 
an occupational therapist, 
occupational therapist 
assistant or provisional 
licensee is ten dollars 
($10.00); 

(2) consideration of the 
application for issuance of 
a license or re-issuance of 
a license is one hundred 
dollars ($100.00); 

(3) annual renewal of a 
license is fifty dollars 
($50.00); 

(4) late renewal of a license 
is an additional fifty 
dollars (050 . 00) twenty-five 
dollars ($25.00); 

(5) issuance of a provisional 
license is thirty five 
dollars ($35.00), this 
thirty five dollars ($35.00) 
shall apply towards the one 
hundred dollar ($100.00) fee 
for a permanent license in 
(b)(2) of this Paragraph 
provided tho applicant pays 
the additional sixty-five 
dollars ($65.00) within the 

period lief ore their 

provisional license is 

revoked ; 

(6) for copies of board 
rules and licensure 
standards, charges not 
exceeding the actual cost of 
printing and mailing. 

.0302 LICENSE RENEWAL 

(a) Any licensee desiring 

the renewal of a license who is 
cur re n t ly cert If iud by t lie 
Annji ' ic an Occupa i ional Therapy 
A^sou ia t ion and irs in good 
standing with the board shall 
apply for same and shall submit 
the required fee . 

(b) Show proof of such 
continuing education efforts as 
may be required by the board, if 
any . 

(c) Any person who engages in 
any occupational therapy 
activities governed by the 
occupational therapy law while 
their license is lapsed will be 
subject to the penalties 
prescribed in the law. 

( d ) Licens e s laps e d -in exes s 
<rf 24 montlts shall ntrt b« 
ren e wabl e . Pei ' sons whos e 
1 icensed liav e be e n laps e d -in 
e.xcess erf 24 mon t hs and who 



NORTH CAROLINA REGISTER 



207 



deali e ■iro hv lic e ns e d shall 
appl y frrr a rrew lic e ns e arrd 
siiall m e e t aii -thw i e quii e m e n t s 
th e n e xisting . 

(d) Failure to renew the 
license within thirty days after 



health departments pursuant to 
G.S. 90-85.34.1 . 

The proposed effective date of 
this action is November 1, 1985. 



the e 


xpirat ion 


date 


shall result 


in a 


lapsed ] 


icense . Persons 


whose 


1 icenses 


have lapsed 


and 


who d 


esire to 


be 1 


iconsed sh 


all 


apply 


for a 


new 


license 


and 


shall 


meet all 


the 


requirements 


then 
(e) 


exist inq . 
Inact ive 


Stat 


us may be 




qrant 


ed upon written request 


to 


the b 


oard and 


upon 


the payment 


of any fee set 


by the board. 





.0303 PROVISIONAL LICENSE 

An applicant for a 
provisional license must have 
completed the e duca t ional course 
work and field work experience 
requirement of the license for 
which they apply, must have make 
application to take the 
certification exam administered 
by the American Occupational 
Therapy Ass oc ia t ion 

Certification Board and must 
have filed their application 
with the board in accordance 
with G.S. 90-270.70 and these 
Rules. The provisional license 
shall be valid for nine months 
from date of issuance or until 
revoked by the board, whichever 
occurs first. A provisional 
license shall not be issued to 
an applicant who has failed the 
examination in this State or 
another jurisdiction. 

N.C. BOARD OF PHARMACY 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the N.C. Board of Pharmacy 
intends to amend regulations 
cited as 21 NCAC 46 .1503 and 
.2001 and adopt 21 NCAC 46 
.2201-. 2003. The purpose of the 
proposed regulations is to: 
. 1 503-increase minimum required 
experience levels of licensure 
applicants from 600 hours to 640 
hours to meet national 
standards; . 200 1 -updates 21 NCAC 
.2001, which adopts by reference 
22 NCAC Subchapter 2C and part 
of 22 NCAC 2A .0005; .2201 - 
whereby registered nurses 
employed by a health department 
may dispense certain 
prescription drugs and/or 
devices; .2202 - to set out 
training standard for health 
department nurses who dispense 
medicatipn pursuant to G.S. 
90-85.34.1 and 21 NCAC 46 .2201; 
.2203 - is to list drugs and 
devices which may be dispensed 
by registered nurses employed by 



Statutory Authority: 
90-85.6; 90-85.34. 1 . 



G.S. 



The public hearing will be 
conducted at 2;00 p.m. on August 
19, 1986 at the Institute of 
Pharmacy, 109 Church St., Chapel 
Hill, N.C. 27514. 

Comment Procedures; Persons 
desiring to present oral data, 
views, or arguments must submit 
a written summary thereof at 
least 10 days prior to the 
hearing date. Presentations of 
up to 10 minutes will be allowed 
during the hearing and written 
comments will also be received 
for 30 days after the hearing. 
All such written comments will 
be incorporated into the hearing 
record . 

.1503 EXPERIENCE IN PHARMACY 
An applicant for license 
must show that he has received 
1500 hours of practical 
e.xperience under the supervision 
of a licensed pharmacist which 
has been acquired after the 
satisfactory completion of two 
years of college work, 66-& 640 
hours of which may be acquired 
concurrent with pharmacy college 
attendance in clinical pharmacy 
programs or demonstration 
projects which have been 
approved by the board. 

.2001 ADMINISTRATIVE HEARING 
(a) Subchapter 2C of the 
Model Administrative Procedures 
for Administrative Hearing 
Procedures, codified as Title 
22, NCAC, effective Sep te mber 
a9-r 1 9 00, February 1 , 1986, are 
hereby adopted by reference. In 
applying 22 NCAC, Subchapter 2C 
to this board, the definitions 
contained in 22 NCAC 2A .0005 
shall apply as modified herein: 

( 1 ) "Agency" moans the 

North Carolina Board of 
Pharmacy . 

(2) "Agency Address" means: 
North Carolina Board of 
Pharmacy, Post Office Box H, 
Carrboro, North Carolina 
27510. 

(3) "Agency Head" 

(A) In the context of 
final agency decisions, 
"agency head" means the 
board . 

(B) In the context of the 
board granting 
administrative authority, 
"agency head" means the 



208 



NORTH CAROLINA REGISTER 



executive director of the 

board . 
(b) Copies of 22 NCAC 
Subchapter 2C and 22 NCAC 2A 
.0005 are on file in the board's 
office and may be inspected in 
that office or at the Office of 
Administrative Hearings , 



Raleiqh, N.C. 


Copies 


mav be 


obtained for a 


charqe 


to be 


determined bv 


each 


office . 



C op i e s may irs ob t ained f I ' ui i i tli e 
board or* from t li e Adminis t rativ e 
Proc e du r es Sec t i o n o-f -Hrc 
Att o rney G e n e ral' s Office, +& 
Cas t J o n es G tr e at , Ral e igh , 
Nor t h Carolina . a-b a charge <t€ 
ftrcrr dollars (04. 00) . 

.2201 MEDICATION IN 

HEALTH DEPARTMENTS 
A registered nurse employed 
by a local health department may 
dispense prescription drugs 
and/or devices under the 
following conditions: 

(a) Drugs and/or devices 

may be dispensed only to 
bona fide health department 
patients ; 

(b) No drugs and/or devices 
may by dispensed except 
during health department 
clinics. All drugs and/or 
devices dispensed must 
relate to the conditions or 
diseases for which the 
clinic is being held; 

(c) The health department 
shall employ a 
pharmacist-manager who shall 
be responsible for 
developing and supervising a 
system of control and 
accountability of all drugs 
administered in or dispensed 
from the health department; 

(d) Only drugs and/or devices 
listed in Section .2203 may 
be dispensed by a health 
department registered nurse; 

(e) All drugs and/or devices 
dispensed pursuant to G.S. 
s. 90-85.34.1 and these 
rules shall be prepackaged 
in suitable safety-closure 
containers, where 
appropriate, and shall be 
properly labelled (including 
necessary auxiliary labels) 
by the pharmacist-manager so 
as to provide information 
necessary for use and all 
other information required 
by state and federal law; 

(f) The pharmacist-manager and 
registered nurse shall 
comply with all provisions 
of state and federal laws 
governing the dispensing of 
medications ; 

(g) A suitable and perpetual 
record of drugs and/or 
devices dispensed shall be 



maintained by the 
pharmacist-manager. The 
pharmacist-manager shall 
verify the accuracy of the 
records at least weekly, and 
where health department 
personnel dispense to 30 or 
more patients in a 24-hour 
period, the 

pharmacist-manager shall 
verify the accuracy of the 
records within 24 hours 
after dispensing occurs; 
(h) All drugs and/or devices 
shall be stored according to 
federal requirements as set 
out in the most recent 
United States Pharmacopoeia. 

.2202 TRAINING OF HEALTH 

DEPARTMENT NURSES 

AND PHARMACIST -MANAGER 

No registered nurse 
may dispense drugs or devices 
nor may the pharmacist-manager 
perform any duties pursuant to 
G.S. s. 90-85.34.1 prior to 
satisfactory completion of 
training acceptable to the 
Board. The Board may also 
require registered nurses and 
the pharmacist-manager to 
complete in-service training at 
appropriate intervals. 

Proposed curricula for 
initial and/or supplemental 
in-service training for 
registered nurses and/or 
pharmacist-managers employed by 
health departments must be 
submitted to the Board for its 
approval no later than 60 days 
prior to the date training is to 
commence . No registered nurses 
or pharmacist-managers may be 
enrolled in any such proposed 
training course until written 
Board approval is obtained. 
Initial training must include, 
but need not be limited to, 
instruction in labelling and 
packaging of prescription drugs 
and devices . 

Proposals for initial 
and supplemental in-service 
training courses shall be sent 
to the Board's offices, in 
writing, and shall include the 
following information: 

(a) description of topics 
or courses to be covered; 

(b) instructor for each 
topic or course, and his or 
her qualifications and 
credentials ; 

(c) anticipated duration 
of each topic or course; 

(d) location of training; 

(e) cost of program, 

if any, to participants. 

.2203 DRUGS TO BE DISPENSED 
Pursuant to G.S. s. 90-85.34.1, 



NORTH CAROLINA REGISTER 



209 



health 

for 



the 



registered nurses employed by 
local health departments may 
dispense the following drugs 
and/or devices during clinics 
conducted by the health 
department : 

(a) Anti-tuberculosis drugs, 
as defined by Facts and 
Comparisons , 

or as recommended by the 
Tuberculosis Control Branch 
of the North Carolina 
Division of Health Services, 
during clinics for the 
treatment and/or control of 
tuberculosis ; 

(b) Anti-infective agents 
recommended by the United 
States Centers for Disease 
Control, for the purpose of 
treatment and control of 
sexually -transmit ted 
diseases, during 
department clinics 
sexually-transmitted 
diseases ; 

(c) Natural or synthetic 
hormones used for 
prevention of pregnancy 
and/or contraceptive devices 
when dispensed during health 
department birth control 
clinics ; 

(d) Vitamin and mineral 
supplements ; 

(e) Topical preparations 

for the treatment of lice, 
scabies, impetigo, diaper 
rash, vaginitis, and related 
skin conditions; 

(f) Over-the-counter drugs 
or preparations. 

Regardless of the 
provisions set out above, no 
drug defined as a controlled 
substance by the United States 
Controlled Substances Act, 21 
U.S. Code s. 301, et seg. , or 
regulations enacted pursuant to 
that Act, 21 CFR s. 1300, et 
seg . , or by the North Carolina 
Controlled Substances Act, G.S. 
s. 90-85.6, G.S. s. 113.8, may 
be dispensed by registered 
nurses pursuant to G.S. s. 
90-85.34. 1 . 

STATE BOARD OF COMMUNITY 
COLLEGES 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of Community 
Colleges intends to adopt and 
amend regulations cited as 23 
NCAC 2C .0301 and 23 NCAC 2C 
.0305. The purpose of the 
proposed regulations is to: 2C 
.0301 - to separate the general 
admission statement from 
services made available to 
persons less than 18 years old 
and set forth admission 
procedure for the emancipated 



minor; 2C .0305 - sets forth the 
types of services available to 
persons less than 18 years old 
and the conditions under which 
these services may be provided. 

The proposed effective date of 
this action is December 1, 1986. 



Statutory 
1 15D-5. 



Authority: N.C.G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
August 28, 1986 at the Third 
Floor Conference Room, Education 
Building, Raleigh, NC 
27603-1712. 

Comment Procedures: Any 
interested person may present 
written or oral statements 
relevant to proposed rules 23 
NCAC 2C .0301 and 23 NCAC 2C 
.0305. A time limit of ten 
minutes per person may be 
imposed for oral presentations 
depending upon the number of 
persons making presentations. 
Individuals who plan to make 
oral presentations must give 
their remarks in writing to the 
hearing officer. Written 
statements not to be presented 
at the hearing should be 
directed before August 25, 1986, 
to the following address: Bobby 
L. Anderson, Hearing Officer, 
Department of Community 
Colleges, State Education 
Building, Raleigh, North 
Carolina 27603-1712. 



TITLE 23 



COMMUNITY COLLEGES 



SUBCHAPTER 2C - INSTITUTIONS: 
ORGANIZATION AND OPERATIONS 

.0301 ADMISSION TO INSTITUTIONS 

Each institution shall 
maintain an open door admission 
policy to all applicants who are 
high school graduates or who are 
at least 18 years of age. 
Student admission and placement 
shall be determined by the 
officials of each institution. 
Admission requirements for an 
emancipated minor shall be the 
same as for an applicant 18 
years old or older. 

( b ) The s t a te board shall 
eiicoui. age individuals t-o 
com pl et e hi g h scl ' i o ol b e for e 
seeking admission t-o sm 
ins t i t u t ion . 

( c ) A minor . +6 y e ars old , 
OT olu e r , may fatr consider e d a 
s t ud e n t witli special ne e ds arrd 
m-^ry b^ adin it ted t^ an 
appr o pi ' iat e pi uyi ' am a+ an 
ins t itu t i o n irf t li e local publ ic 
err pr iva te e Uuca t ional agency 



210 



NORTH CAROLINA REGISTER 



d ete rmines t ha t ad m ission tt» t+re 
yr Oijraiu -is t h e b e s t e dm:a b ioiial 
oyt ioi ' i -for th« atud e iit arrd -rs 
appLov e d by t+re ins t itu t ion . 
This r e quir e m e nt may ire waived 
•rf ttre s t ud e nt has b ee n otrb o-f 
scl ' iool «t l e ast srx mon t hs arrd 
hirs appllcat ion -rs suppor te d by 
a no t ariz e d p e tit iuii o^ Jrirs 
par e n t , legal g uardian err ot her 
p e rson or agency having l e gal 
custody mrd con t rol . 54Te 

pe t i t ion shall cai t if v t+re 
s t udent ' s resid e nce , dartre o-f 
bir t l ' i, date o-f l e aving srrhtJtri-r 
and t h e pet i t iuii e i' s l e gal 
re la t i o nshi p t-o th e s t uden t s . 

( d ) A i ' ligh scl - iool student , 
+6 years trtd or older , bas e d 
upon polici e s approved by t+re 
local public trr priva t e b o ard o-f 
e duca t ion arrd boai. d trf t rus tee s ■ 
may be admi tt ed tts a p propr ia te 
courses concurren t ly u nd er t+re 
following condi t ions and ot he r 
appL oyr ia te provisions trf t liis 
Rul e ; 

-f-H- Upon r ecommendat ion 

rr£ tli e chi e f adminis t ra t ive 
school officer arrd t he 
approval o^ t+re presid e nt o^ 
t+re ins t i t ution ; 

( 2 ) Upon approval trf t+re 
s t udent ' s program by t+re 
principal o-f t+re scliool arrd 
t+rc president of t+re 

( 3 ) Upon cer t if ica t ion by 

t+rc p rincipal t+ra-t t+re 
s t uden t -rs t akin g a-t leas t 
t hr ee high school cour j^es 
and -irs making ap prop r ia te 
progress towai. d gr adua t i o n . 

-(-e-+ College l e vel courses 
t ak e n at an ins t i t u t ion sliall 
e ari ' i coll e ge credi t and may e arn 
ci edit t ov;ar d h-ig+t s c hool 

gi aducit ion -i-f appropr lat e . 

■(-f4- Hi g h sc li oo l s t udei ' i t s 
sliall rro-b displac e adul t s btrt 
may ire ad m it t ed any quai lui. on a 
space — available basis t-o any 
c urr iculum o-r con t inuing 

educa t ion cour se . On ce 

admitt e d , t h e y sliall ire tre a t e d 
t+re same «rs alri oth e r students . 

-(-g-)- Ins t itu t ions sliall ntrt 
star t class e s , offer summer 
school courses > mr offer regular 
high school courses f^rr 1 - iigli 
scliool s t udents . 

-Ht+ An ins t ituti o n may 
approve t+re e nrollmen t o-f 1 - iigli 
s c h oo l studen t s only wlien rro 
mor e t haii five percen t o-f t+re 
enrollment fro m that high scho o l 
-rs or has be e n e nr o ll e d in 
po-st — sec o nda i'y educat lun during 
■Hre r e g ular t-crt m on t li publ ic 
school y e a r . Excep t ions t-o tliis 
i naxiinum will re quii e a p p ro val of 
t+rc S t at e Board of Cduca t ion . 

.0305 EDUCATION SERVICES 



FOR MINORS 
(a) The State Board shall 
encourage individuals 



to 



complete high school before 

seeking admission to an 

inst itut ion . 

(b) A minor. 16 years old 

or older, may bo considered a 
student with special needs and 

may be admitted to an 

appropriate program at an 

institution if the local public 
or private educational agency 
determines that admission to the 
program is the best educational 
option for the student and the 
admission of such student to the 
program is approved by the 

inst itut ion . This reguirement 

may be waived if the student has 
been out of school at least six 
months and his application is 

supported by a notarized 

petition of his parent, legal 
guardian, or other person or 
agency having legal custody and 

control . The petition shall 

certify the student's residence, 
date of birth, date of leaving 
school. and the petitioner's 

legal relat ionship to the 

student . 

(c) A high school student, 

16 years old or older, based 
upon policies approved by the 
local public or private board of 
education and board of trustees, 
may be admittor'. to appropriate 
courses conciir v cntly under the 
following conditions: 

(1) Upon reco-mendat ion of the 
chief administrative school 
officer and the approval of 

the president of the 

inrst itut ion ; 

(2) Upon approval of the 
student's program by the 
principal of the school and 

the president of the 

institution: and 

(3) Upon certification by 

the principal that the 
student is talcing at least 
throe high school courses 
and is mal:ing appropriate 
progress toward graduation. 

(d) High school students, 
taking courses pursuant to 
paragraphs (b) and (c) of this 
Rule, shall not displace adults 
but may be admitted any guarter 
on a space-available basis to 
any curriculum or continuing 

educat ion course . Once 

admitted, they shall be treated 
the same as all other students. 

(o) Unless specifically 

authorized by state law, 

institutions shall not start 
classes, offer summer school 
cotirses, or offer regular high 
scliool courses for high school 
stvidents . 

(f) An institution may 



NORTH CAROLINA REGISTER 



211 



make available to persons of any 
age non-remedial, enrichment 
courses during the summer 
quarter. These courses shall be 
self-supporting and shall not 



earn credit toward 



diploma , 



certificate, or degree at the 
institution or high school. 

(g) At the request of the 
Director of a training school 

having custody of juveniles 

committed to the Division of set forth in rule 2E.04Q3 
Youth Services. Department of 
Human Resources, an institution 



may make available 


to such 


iuvenil 


es any course 


offered by 


that institution if 


they meet 


the 


course 


admission 


requirements. The 


Director ' s 


request 


shall include his 


approva 


1 for each iuvenile to 


enroll 


in the course 


Courses 


made available to sue 


1 iuvenile s 


shall 


follow the 


approval 


process 


for immured 


groups as 



:12 



NORTH CAROLINA REGISTER 



FINAL RULES 

When the text of any 
adopted rule differs from the 
text of that rule as proposed, 
the text of the adopted rule is 
published in this section. 

When the text of any 
adopted rule is identical to the 
text of that as proposed, 
adoption of the rule will be 
noted in the "List of Rules 
Affected" and the text of the 
adopted rule will not be 
republished . 

Adopted rules filed by the 
Departments of Correction, 
Revenue and Transportation are 
published in this section. 
These departments are not 
subject to the provisions of 
G.S. 150B, Article 2 requiring 
publication of proposed rules. 



facilities, pursuant to a 
contractual agreement with the 
Department of Correction, the 
sheriff or administrator shall 
forward recommendations for 
granting sentence reduction 
credits to the Division of 
Prisons' designated approving 
authority as listed in .0104(b). 
The Division of Prisons' 
approving authority will either 
approve, modify, or disapprove 
the award. All Division of 
Prisons' authorized credits 
shall be recorded upon the 
sentence reduction credit form. 

History Note: Statutory 
Authority G.S. 148-1 1 ; 
148-13; 15A-1340.7; 
Eff . February 1 , 1982; 
Amended Eff. August 1,1986; 
September 1, 1983. 

TITLE 19A - TRANSPORTATION 



SUBCHAPTER 23 



HIGHWAY 
PLANNING 



TITLE 5 -correct: DNS 

SUBCHAPTER 2B -INMATE CONDUCT 
RULES: DISCIPLINE 

SECTION .0100 -GOOD TIME 
AND GAINED TIME 
.0104 PROCEDURE 

(a) Recording sentence 
reduction credits. Good time 
will be computed automatically 
on the inmate's record. Gain 
time, meritorious time, and 
restored good time awards must 
be initiated by the unit 
superintendent or institution 
head upon the designated 
reduction credit form and shall 
be approved as provided in 
Paragraphs (b) and (c) in this 
Rule. Transfers automatically 
terminate regular and fair 
sentence gain time status for 
inmates in the custody of the 
Division of Prisons. 
Meritorious time awards will be 
accumulated and recorded on an 
hour-f or-hour basis and 
submitted monthly in whole days, 
except such credits may be 
authorized for an e.xemplary act 
at a rate not to exceed 30 days 
for each act . A whole day is 
defined as eight hours. In the 
case of inmates confined to 
local confinement facilities, 
pursuant to court commitment, 
the sheriff or administrator of 
a local confinement facility 
shall establish procedures for 
granting, approving, and 
documenting sentence reduction 
credits. In the case of inmates 
confined to local confinement 



SECTION .0300 



PLANNING AND 
RESEARCH 



.0312 MATCHING - PL FUNDS 
The federal share payable 
on account of work performed 
using PL funds shall be 85 
percent. The remaining 15 
percent is local money provided 
by the urbanized area and may be 
in the form of "like work". 

History Note: Statutory 
Authority 23 U.S.C. 104(f); 
23 U.S.C. 134; 
G.S. 136-18(12); 
143B-350(f ), (g); 
Eff. July 1 , 1978. 
Amended Eff. August 1, 1986. 

.0412 REST AREAS AND 
WELCOME CENTERS - AUTHORITY 

History Note: Statutory 
Authority G.S. 136-89.59; 
Eff. July 1 , 1978; 
Repealed Eff. August 1, 1986. 

.0413 APPROVAL FOR 

USE - REST AREAS: 
WELCOME CENTERS 

History Note: Statutory 
Authority G.S. 136-89.59; 
Eff. July 1 , 1978; 
Repealed Eff. August 1, 1986. 

.0407 CONTROL AND 

REGULATION OF ROADSIDE 
PARKS AND REST AREAS 
It shall be unlawful, 
within any scenic overlook, rest 
area, or other designated 
parking area on the primary and 
secondary roads and highways of 



NORTH CAROLINA REGISTER 



213 



the state, for any person, firm 
or corporation to erect tents, 
booths, or structures of any 
kind for camping or any other 
activity; to create loud music 
or other objectionable noise; to 
solicit contributions, names, 
support or for any other 
purpose; to conduct or 
participate in public or private 
auctions and other ceremonies; 
to distribute tracts, pamphlets, 
favors or any material, product 
or literature; to erect 
displays, signs, or carry on any 
commercic.1 activity; to use 
public address systems; to 
distribute or use alcoholic 
beverages; to engage in 
disorderly conduct or use 
vulgar, obscene or profane 
language; or, to commit any 
nuisance producing a material 
annoyance, inconvenience, hurt, 
discomfort, or that is dangerous 
to the life, property and 
welfare of the traveling public. 

History Note: Statutory 
Authority G.S. 136-18(9); 
136-125; 

Eff. July 1, 1978; 
Amended Eff. August 1, 1986. 



SECTION .0800 - SOLICITATION 
OF CONTRIBUTIONS FOR 
RELIGIOUS PURPOSES 
AT REST AREAS 

.0801 PERMIT TO 

SOLICIT CONTRIBUTIONS 

In recognition of the 
right of citizens to the free 
e.xercise of religion which 
includes the right to solicit 
for contributions for religious 
purposes, and in recognition of 
the State of North Carolina's 
legitimate concern for the 
safety and well-being of the 
traveling public, all 
solicitation of contributions 
for religious purposes along 
North Carolina's interstate 
highway system or in highway 
rest areas, wayside parks, and 
visitor welcome centers on all 
of North Carolina's highways 
shall be in accordance with 
these Regulations. All other 
forms of solicitation are 
prohibited . 

History Note; Statutory 
Authority G.S. 20-175; 
136-18; 

Eff. November 1 , 1984; 
Amended Eff. August 1, 1986. 

.0802 PERMITS REQUIRED 
(a) All organization desiring 
to solicit under the provisions 
of this Section must fir^t 



obtain a permit from the 
Department of Transportation for 
the stated purpose of allowing 
their members to solicit at 
designated areas on the state 
highway system. 

(b) Written requests for 
permits for religious 
solicitation shall be sent to 
the Office of the State Highway 
Administrator of the North 
Carolina Department of 
Transportation . 

(c) Written requests must 
include all of the following: 

(1) copy of certificate 
showing that the applicant 
is exempt from federal 
income tax as a religious, 
educational or charitable 
organization as provided in 
26 use 501(c)(3) together 
with the applicant's tax 
exemption number; 

(2) a statement indicating 
the locations where the 
organization intends to 
solicit contributions; 

(3) the name and address 

of each individual 
authorized to solicit for 
the applicant; 

(4) the name of an officer 

of the applicant, together 
with an address, to whom the 
permit is to be sent and 
complaints are to be 
directed . 

(5) if the request for a 
permit is from a 
non-religious educational or 
charitable organization; a 
detailed written description 

of the organization's past 
efforts serving and 
promoting the safety of the 
traveling public. 

(d) When all the 
appropriate information required 
in Paragraph (c) of this Rule 
has been provided by the 
applicant, a permit shall be 
issued by the State Highway 
Administrator, or his duly 
authorized representative, and 
said permit will be effective 
for a period of six months from 
the date of issuance. 

(e) Each permit issued 

shall describe the activity 
authorized, the specific 
location at which such activity 
be conducted, and the period of 
time for which the permit is 
issued . 

History Note: Statutory 
Authority G.S. 20-175; 
136-13; 

Eff. November 1 , 1984; 
Amended Eff. August 1, 1986; 
September 1, 1985. 

.0803 SOLICITATION 



214 



NORTH CAROLINA REGISTER 



RESTRICTIONS AND 
REQUIREMENTS 

(a) Any member of an 
organization duly permitted 
under these Regulations actually 
engaged in soliciting 
contributions must provide and 
prominently display an 
identification tag or badge 
containing all of the following 
information ; 

(1) a photograph; 

(2) name; 

(3) organization; and 

(4) DOT permit number. 

(b) While actually engaged 

in the solicitation of 
contributions. individual 
solicitors shall orally identify 
themselves and state which 
organization they represent. 

(c) Individual solicitors 
operating under a permit from 
the department shall be 
permitted to engage in their 
solicitation activities between 
the hours of 9:00 a.m. and 5:00 
p.m. each calendar day, 
provided, however, that no 
solicitation shall be allowed at 
any time on legal holidays, 
state or federal . 

(d) Individual solicitors 

are prohibited from soliciting 
on any portion of a highway not 
designated as a rest area or 
welcome center . 

(e) Individual solicitors 

are restricted from soliciting 
inside any building or within a 
distance of fifty feet of the 
following areas : 

(1) entrances to or 
on stair rails; 

(2) doors of public 
circulation ; 

(3) restrooms; 

(4) phone booths; 

(5) motor vehicles; and 

(6) a queue or line or 
persons waiting for a 
service at any of the above 
listed areas . 

(f) Individual solicitors may 
not use utility services 
porvided at highway rest areas 
or visitor centers for the 
furthereance of solicitation 
activities . 

(g) A permittee shall be 
limited to one individual 
solicitor actually engaged in 
solicitation activities at each 
site, and this individual may 
have the assistance of no more 
than two other members of the 
permittee's organization. 

(h) Individual solicitors 
shall not persist in soliciting 
after solicitation has been 
declined, and solicitors shall 
not solicit State employees who 
are identifiable as such. 

(i) Individual solicitors 



shall not harass persons by 
demanding, threatening or 
intimidating conduct. 

(j) While individual 
solicitors may solicit donations 
for religious paraphernalia from 
the general public which shall 
be used in the furtherance of 
their religion, the individual 
solicitors must inform the 
person solicited if a minimum 
donation is required. 

(k) All transfers of money 
or funds, either resulting from 
the sale of printed matter or 
donations solicited from a 
person acting pursuant to a 
permit issued by the State 
Highway Administrator or his 
duly authorized representative, 
shall take place in or at 
location specifically identified 
in the permit . 

(1) Individual solicitors may 
not engage in dancing, chanting, 
the use of music or other noise 
producing instruments, 

megaphones, microphones or any 
other similar devices. 

(m) Individual solicitors 
shall cease activities in the 
event of emergency situations 
involving dangers to the general 
public . 

(n) Individual solicitors 
shall not interfere with 
pedestrian or vehicular traffic. 

(o) No more than two 
organizations, one religious and 
one charitable or educational, 
may solicit at highway rest 
areas, wayside parks or visitor 
welcome centers at the same 
t ime . 

History Note: Statutory 
Authority G.S. 20-175; 136-18; 
Eff . November 1 , 1984; 
Amended Eff. August 1, 1986; 
September 1, 1985. 

.0804 REVOCATION OF PERMIT 
(a) Any of the following 
shall be grounds for revoking a 
permit issued under the 
provisions of these Regulations: 

(1 ) failure to renew the 
license issued to the 
organizat ion : 

(2) loss of federal income 
ta.x e.xemptions; 

C3) violations of the 

restrictions on 

solicitations contained in 
Rule .0803 of this Section; 

(4) substantiated complaints 
of harassment of travelers 
by individual solicitors; 

(5) any action which 
adversely affects the health 
or safety of the traveling 
public ; 

C6) fraud or 



NORTH CAROLINA REGISTER 



215 



misrepresentation in decisions to the Secretary of 

application on the part of Transportation whose decisions 

the permittee . shall be final . 
(b) Any organization which 

applies for a permit for History Note: Statutory 

solicitation and is refused such Authority G.S. 20-175; 136-18; 

a permit, or any organization Eff. November 1, 1984; 

which has its permit revoked. Amended Eff. August 1, 1986; 

may make a written appeal within September 1, 1985. 

30 days of the department's 



216 NORTH CAROLINA REGISTER 



NORTH CAROLINA ADMINISTRATIVE CODE 
LIST OF RULES AFFECTED 



EDITION X, NO. 4 

AGENCY 
AGRICULTURE 



2 NCAC 


43F 


.0003 




48A 


.061 1 




48D 


.0003 




52B 


.0501 
.0505 
.0601 




52D 


.0001 


HUMAN RESOURCES 







4C 



7A 

7D 
8C 



8D 



8G 

lOA 



lOF 



.0102 

.0202 

.0402 

.0207 

.0208 

.0405 

. 1 106 

. 1203 

. 1207 

.0101 

.0201 

.0301 

.0307 

.0401 

.0403 

.0406 

.0502 

.0506 

.0510 

.0513 

.0601 

.0606 

.0701 

.0703 

.0801 

. 1003 

.1101 

. 1202 

. 1206 

.0601 

.0303 

.0310 

.0443 

.0445 

.0457 

.0465 

.0473 

.0503 

.051 1 

.0514 

. 1005 

.1011 

.1013 

. 1032 

. 1205 

. 1306 

.1311 

. 1313 

.21 15 

.2123 

.2203 

.2210 

.0029 

.0032 



,0102 
.0207- 
,0302 
,0308 

,0404 
,0408 



,0515 
,0602 
,0607 



0804 
1005 

1203 
121 1 



-.0466 



-.0035 



EFFECTIVE: July 1 , 1986 
ACTION TAKEN 



Amended 
Amended 
Amended 
Amended 
Adopted 
Amended 
Amended 



Amended 

Amended 

Amended 

Repealed 

Adopted 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 



NORTH CAROLINA REGISTER 



217 





45H 


.0202 




Amended 


INSURANCE 










1 1 NCAC 


4 


.0113 
.01 16 
.01 18 
.0320 
.0416 
.0418 
.0421 
.0423 




Amended 
Amended 
Adopted 
Adopted 
Amended 
Amended 
Amended 
Amended 




5 


.0101- 


.0104 


Amended 






.0201- 


.0202 


Amended 






.0301- 


.0303 


Amended 






.0401- 


.0402 


Repealed 






.0501 




Amended 






.0503 




Amended 




6 


.0101 




Amended 






.0202- 


.0203 


Amended 






.0208- 


.0209 


Repealed 






.0212 




Amended 






.0218 




Repealed 






.0301 




Amended 






.0303 




Amended 






.0401- 


.0402 


Amended 






.0404 




Amended 






.0408 




Amended 






.0410 




Amended 






.0501 




Amended 






.0505 




Amended 






.0601- 


.0602 


Amended 




10 


.0101 




Amended 






.0202- 


.0203 


Amended 






.0205 




Amended 






.0207 




Amended 






.0209 




Amended 






.0301 




Amended 






.0305- 


.0307 


Amended 






.0402- 


.0405 


Amended 






.0501 




Amended 






.0505 




Amended 






.0604 




Amended 






.0702- 


.0707 


Amended 






.0708- 


0710 


Repealed 






.071 1- 


.0715 


Amended 






.0716 




Adopted 






.0802 




Amended 




11B 


.0102- 


0104 


Amended 






.0107- 


01 1 1 


Amended 






.0113 




Amended 






.0115 




Repealed 






.01 16 




Amended 






.0120 




Repealed 






.0122 




Amended 






.0124- 


0151 


Repealed 




12 


.0302 
.0306 
.0449 
.0457 
.0505 
.0514 




Amended 

Amended 

Amended 

Adopted 

Repealed 

Amended 






.0551- 


0553 


Adopted 




13 


.0315 
.0318 
.0324 
.0410 
.0516 




Amended 
Amended 
Amended 
Amended 
Adopted 


NATURAL RESOURCES 


AND 


COMMUNITY DEVELOPMEN 


T 


15 NCAC 


9C 


.0902 




Amended 




lOB 


.0115 




Amended 






.0202- 


021 1 


Amended 






.0214 




Amended 




IOC 


.0305 




Amended 



218 NORTH CAROLINA REGISTER 







10D 


.0002- 


.0003 


Amended 






10F 


.0308 




Amended 


EDUCATION 












16 


NCAC 


1A 


.0001- 


.0002 


Amended 








.0003- 


.0005 


Adopted 






IB 


.0101- 


.0109 


Repealed 








.0201- 


.0202 


Repealed 








.0301- 


.0311 


Repealed 






1C 


.0001- 


.0002 


Repealed 






2 






Repealed 






5 






Repealed 






6 






Adopted 


REVENUE 












17 


NCAC 


6B 


.0605 
.3202 




Amended 
Amended 






6C 


.0122 




Adopted 








.0301- 


.0304 


Adopted 


TRANSPORTATION 










19A 


NCAC 


2E 


.0207 
.0215 




Amended 
Amended 


BOARD OF : 


NURSING 










21 


NCAC 


36 


.0109 
.0217 




Amended 
Amended 



NORTH CAROLINA REGISTER 



219 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 



1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
X21 
22 
23 
24 
25 
26 

NOTE: 



CHAPTER 



2 
4 
6 

8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 
42 
44 
46 
48 
50 
52 
53 
54 
56 
58 
60 
62 
64 

66 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections. Department of 

Council of State 

Cultural Resources, Department 

Elections, State Board of 

Governor 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control, Department of 

Natural Resources and Community Development 

Education, Department of 

Revenue, Department of 

Secretary of State 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

Personnel, Department of State 

Office of Administrative Hearings 

Title 21 contains the chapters of the various 
occupational licensing boards. 

LICENSING BOARD 

Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Law Examiners, Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing. Board of 

Nursing Home Administrators, Board of 

Occupational Therapist, Board of 

Opticians, Board of 

Optometry, Board of Examiners in 

Osteopathic Examination and Registration 

Pharmacy, Board of 

Physical Therapy, Examining Committee of 

Plumbing and Heating Contractors, Board of 

Podiatry Examiners, Board of 

Practicing Counselors, Board of 

Practicing Psychologists, Board of 

Professional Engineers and Land Surveyors 

Real Estate Commission 

Refrigeration Examiners, Board of 

Sanitarian Examiners. Board of 

Speech and Language Pathologists and 

Audiologists , Board of Examiners of 
Veterinary Medical Board 



220 



NORTH CAROLINA REGISTER 



CUMULATIVE INDEX 
(April 1, 1986 - March 31, 1987) 



1986 

Pages Issue 

1-73 April 

74-97 May 

98-132 June 

133 - 222 July 

AO - Administrative Order 

E - Errata 

EO - Executive Order 

FR - Final Rule 

GS - General Statute 

JO - Judicial Order 

LRA - List of Rules Affected 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 

ADMINISTRATIVE ORDERS 
Beecher Reynolds Gray, 47 AO 
Fred Gilbert Morrison, Jr., 48 AO 
Angela Rebecca Bryant, 49 AO 
Thomas R. West, 50 AO 
Abraham Penn Jones, 98 AO 

AGRICULTURE 
Food and Drug Protection Division, 99 PR 

COMMERCE 
Milk Commission, 74 PR, 135 PR 
Savings and Loan, 78 PR 

COMMUNITY COLLEGES 
Community Colleges, 210 PR 

CORRECTION 
Division of Prisons, 213 FR 

CULTURAL RESOURCES 
Archives and History, 78 PR 

EXECUTIVE ORDERS 
Executive Orders 1-25, 23-44 EO 



Chapter 7A, 21-22 GS 
Chapter 1508, 3-21 GS 



GENERAL STATUTES 



HUMAN RESOURCES 
Children Services, 103 PR 
Food Assistance, 103 PR 
Health Services, 169 PR 
Individual and Family Support, 103 PR 
Medical Assistance, 18 1 PR 
Medical Services, 101 PR 
Mental Health Retardation 

and Substance Abuse, 80 PR 
Youth Services, 85 PR 



Appointment 

Robert A. Melott, 45 JO 



JUDICIAL ORDERS 



JUSTICE 



NORTH CAROLINA REGISTER 



221 



Police and Information Network, 107 PR 

LABOR 
Boiler and Pressure Vessel, 86 PR, 189 PR 

LICENSING BOARD 
CPA Examiners, 1 1 2 PR 
Medical Examiners, 92 PR 
Occupational Therapy, 206 PR 
Pharmacy, 208 PR 
Plumbing and Heating Contractors, 116 PR 



Volume 
(April 
Volume 
(May 1 , 
Volume 
(June 1 
Volume 
(July 1 



10, 



LIST OF RULES AFFECTED 



No. 1 
1, 1986), 71 LRA 
10, No. 2 

1986), 94 
10, No. 3 
, 1986), 127 
10, No. 4 
, 1986), 217 



LRA 



LRA 
LRA 



NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 
Coastal Management, 112 FR 
Departmental Rules, 109 PR, 1 1 8 FR 
Employmental and Training, 111 PR 
Environmental Management, 88 PR, 190 PR 
Forest Resources, 126 FR 
Marine Fisheries, 191 PR 
Soil and Water, 90 PR 
Wildlife Resources and Water Safety, 110 PR, 205 PR 

OFFICE OF ADMINISTRATIVE HEARINGS 
General, 52 PR 
Hearings Division, 61 PR 
Rules Division, 52 PR 



Notary Public, 91 PR 



SECRETARY OF STATE 
STATEMENTS OF ORGANIZATION 



CPA Examiners, 133 SO 

Natural Resources and Community Development, 

Office of Administrative Hearings, 51 SO 

TRANSPORTATION 
Department of Transportation, 213 FR 



133 SO 



222 



NORTH CAROLINA REGISTER 



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